Tacoma, Washington Employment Lawyer

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Suite 110
Gig Harbor, WA 98335
Phone: 253-858-6601
Fax: 253-858-6603

Filing a Wage and Hour Claim - South Carolina

Does South Carolina have state overtime laws that are different from federal law?

South Carolina law does not address the issue of overtime payments, so only federal overtime law applies in South Carolina.

Does South Carolina have a minimum wage that is different from federal law?

South Carolina law does not address the issue of minimum wage. Therefore, the federal minimum wage of $7.25 per hour, or $2.13 per hour for tipped workers, applies in South Carolina.

Do any cities or counties in South Carolina have a minimum wage that is different from state or federal law?

No. In 2017, South Carolina passed a law that stops any cities or counties in the state from passing their own minimum wage laws. Therefore, the federal minimum wage applies across the state.

Does South Carolina have meal and rest break requirements, like federal law?

South Carolina law does not require employers to provide meal or rest breaks for employees.

Does South Carolina have other labor standards laws that are different from federal law?

State law requires an employer of five or more employees to notify each employee in writing at the time of hiring of the wages agreed upon, the time and place of payment, and the deductions which will be made from wages, including insurance programs.

How do I file a wage/hour or labor standards claim in South Carolina?

If your employer owes you wages, you may file a complaint online with the South Carolina Department of Labor, Licensing, and Regulation’s Office of Wages and Child Labor. The form can also be printed and mailed. If the Department determines that a violation of the wage-and-hour laws has occurred, it will issue a notice; the employer may request a review of the notice.

What are my time deadlines?

Do not delay in contacting the Department to file a claim. There are strict time limits in which charges of employment discrimination must be filed. In order for the Department to act on your behalf, you must file the claim form within three years from the date that your wages are due. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.

How can I or my attorney pursue a claim in court in South Carolina?

Instead of filing a wage claim with the Department of Labor, Licensing, and Registration, you may bring a suit in court for unpaid wages. The court may award you up to three times the unpaid wages, as well as your litigation costs and reasonable attorneys' fees. The statute of limitations for such a suit is three years.

State Labor Agency

South Carolina Department of Labor, Licensing, and Regulation
Synergy Business Park
Kingstree Building
110 Centerview Dr.
Columbia S.C. 29210
Phone: (803) 896-4300
Email: contactllr@llr.sc.gov
Web: http://www.llr.state.sc.us/

Terry A. Venneberg Weekly Weekly

Topic of the Week

Domestic Violence and the Workplace

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Blog of the Week

The Nightmare Facing the Poor and Working Class If There’s Not Another Stimulus

With time running out and Republicans balking at more Covid relief, U.S. workers are facing a future of financial misery.

Thought for the Week

"Domestic violence and sexual assault walk in the doors of each and every workplace every day here in the United States. Domestic violence robs our employees of their dignity and their health, and these issues hide in darkness until we bring them into the light."

–Kim Wells | Executive director of the Corporate Alliance to End Partner Violence

List of the Week

from Society for Human Resource Management (SHRM)

Domestic Violence & The Workplace

  • One in every four women and one in 10 men will experience domestic violence in their lifetime
  • The Department of Labor reports that victims of domestic violence lose nearly 8 million days of paid work per year in the U.S., resulting in a $1.8 billion loss in productivity for employers.
  • An estimated 1.3 million women are victims of physical assault by an intimate partner each year and that 85% of domestic violence victims are women.
  • 21% of full-time employed adults said they were victims of domestic violence and 74% of that group said they’ve been harassed at work.
  • 65% of companies don’t have a formal workplace domestic violence prevention policy, according to research conducted by the.

Top Five News Headlines

  1. We need to talk about the science behind implicit bias training
  2. Trump Issues Order Giving Him More Leeway to Hire and Fire Federal Workers
  3. Amazon workers threaten to shut down warehouses if employees don’t get a day off to vote.
  4. What employees should know about expressing their political beliefs outside the workplace
  5. The Do’s and Don’ts of Workplace Etiquette