South Carolina employment law overview

South Carolina has laws that provide greater protections to employees than federal law, including pregnancy accommodation rights and health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as the minimum wage and occupational safety and health. 

Select South Carolina employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections

South Carolina employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The South Carolina Human Affairs Law (SCHAL) applies to employers with 15 or more employees. The SCHAL prohibits employment discrimination based on protected characteristics, such as: 

• Race; 
• Religion; 
• Color; 
• Sex (including pregnancy, childbirth and related medical conditions); 
• Age; 
• National origin (including ancestry); and 
• Disability. 

The SCHAL also prohibits harassment based on these protected characteristics and prohibits retaliation against individuals who oppose discrimination. 

Equal pay 

South Carolina does not have a stand-alone equal pay law. However, the South Carolina Human Affairs Law prohibits discrimination, including in compensation, on the basis of a number of protected characteristics. 

Pay transparency 

South Carolina does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

South Carolina does not restrict an employer from inquiring into or relying upon an applicant’s salary history.  

Employee wage disclosure rights 

South Carolina does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation 

The South Carolina Pregnancy Accommodations Act requires an employer with 15 or more employees to provide reasonable accommodations to individuals with medical needs arising from pregnancy, childbirth or related medical conditions (including, but not limited to, lactation). 

Reasonable accommodations may include: 

• More frequent or longer breaks; 
• A private place, other than a bathroom stall, for expressing milk; 
• A modified food or drink policy; 
• Seating, or allowing the employee to sit more frequently; 
• Assistance with manual labor; 
• Temporary transfer to a less-strenuous or less-hazardous vacant position; 
• Job restructuring or light duty; 
• Modified equipment or devices; and 
• A modified work schedule. 

Breastfeeding breaks 

Under the South Carolina Human Affairs Law, certain employers must provide reasonable accommodation to individuals with medical needs arising from pregnancy, childbirth or related medical conditions, including lactation. An employer is not required to construct a permanent, dedicated space for expressing milk. 

Access to personnel files 

South Carolina law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections 

South Carolina does not have a whistleblower law applicable to private employers.  

Scheduling 

South Carolina does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

South Carolina employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

South Carolina does not have requirements for private employers related to credit checks. 

Ban the Box and Fair Chance 

South Carolina does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify 

The South Carolina Illegal Immigration and Reform Act requires all employers to verify the status of new employees through E-Verify within three business days after hiring the employee. 

Wage and hour 

South Carolina employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

South Carolina does not have a minimum wage law applicable to private employers. 

Overtime 

South Carolina does not have a state overtime law applicable to private employers. 

Meal and rest breaks 

South Carolina does not have requirements for private employers related to meal and rest breaks. 

Child labor 

Child labor laws in South Carolina restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors are prohibited from working in hazardous occupations including, but not limited to, those involving: 

• Manufacturing or storing explosives; 
• Driving a motor vehicle or working as an outside helper; 
• Logging or operating a sawmill, lath mill, shingle mill or cooperage-stock mill; 
• Operating, repairing or cleaning certain power-driven machines and equipment; and 
• Exposure to radioactive substances and to ionizing radiations. 

Minors under the age of 16 are prohibited from working in a variety of other occupations such as manufacturing, warehousing and construction. 

Minors ages 14 and 15 may not work: 

• During school hours; 
• More than 40 hours in a week when school is not in session; 
• More than 18 hours in a week when school is in session; 
• More than eight hours in a day when school is not in session; 
• More than three hours in a day when school is in session; 
• Before 7:00 a.m.; 
• After 7:00 p.m. during the school year; or 
• After 9:00 p.m. during the summer break. 

Pay and benefits 

South Carolina employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

South Carolina employers must pay employees’ wages in cash, or by negotiable check or warrant showing the pay date. An employer may pay wages by direct deposit under certain circumstances. 

Pay frequency and lag time 

South Carolina law does not have any laws regarding how often employees must be paid. However, employers must establish regular paydays and inform employees of any changes in advance. 

Pay deductions 

An employer may not make deductions from employees’ wages unless the deductions are legally required by state or federal law (e.g., for employment taxes) or the employer has notified the employee in writing of the amount and terms of the deductions. 

Pay statements 

An employer with five or more employees must provide each employee with an itemized statement for each pay period showing gross pay and any deductions made. 

Wage theft 

South Carolina does not have a wage theft law applicable to private employers. 

Health care continuation 

South Carolina’s health care continuation coverage law requires that group health insurance policies include continuation coverage for all employees or members who have been continuously insured for at least six months and whose coverage has been terminated for any reason (other than nonpayment of premium). Continuation coverage is available for the remainder of the month when coverage terminates, plus six months, as long as the group policy or a successor policy remains in force and the employee or member makes timely premium payments. 

Temporary disability insurance 

South Carolina does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

South Carolina employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

South Carolina does not have a state family and medical leave law applicable to private employers. 

Paid sick leave 

South Carolina does not have a state paid sick leave law applicable to private employers. 

Other time off requirements 

South Carolina has laws related to time off and leaves of absence, including but not limited to:

• Jury duty leave; 
• Crime victim leave; 
• Military leave; 
• Emergency responder leave; 
• Quarantine/isolation leave; and 
• Bone marrow donation leave. 

Health and safety 

South Carolina employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

South Carolina has established an occupational health and safety program which applies to most private and public employers. For the most part, South Carolina has adopted the federal OSHA standards. However, there are a few provisions that are unique to South Carolina. 

Drug and alcohol testing 

An employer that uses preemployment drug tests is required by state law to keep the results of such tests confidential. 

Smoke-free workplace 

The South Carolina Clean Indoor Air Act prohibits a person from smoking in certain public indoor areas, including facilities providing children’s services, health care facilities (except for employee break areas), elevators, arenas and auditoriums. Smoking is permitted in other public buildings, but the owner, manager or agent in charge of the premises must make every reasonable effort to prevent designated smoking areas from impinging upon designated smoke-free areas. 

In areas where smoking is permitted, an employer must conspicuously display signs designating smoking and nonsmoking areas. However, signs are not required for private offices. 

Weapons in the workplace 

South Carolina employers may prohibit employees from bringing weapons on the premises. An employer that prohibits the carry of weapons onto its premises should post a sign stating that weapons are banned to serve as notice to employees and visitors that weapons may not be brought into the workplace.  

Safe driving practices 

Drivers in South Carolina are prohibited from using a wireless electronic communication device to compose, send or read a text-based communication while operating a motor vehicle, except in hands-free mode or where necessary to summon emergency services. 

Organizational exit 

South Carolina employers may be required to follow certain requirements when employees exit the organization.

Final pay 

An employer must pay terminated employees (whether voluntary or involuntary) all wages due: 

• Within 48 hours of the time of termination; or 
• On the next regularly scheduled payday, not to exceed 30 days after termination. 

Mass layoffs 

South Carolina does not have its own version of the federal WARN Act. 

AI in employment 

South Carolina does not have a law related to AI in employment applicable to private employers.