When it comes to wage and hour law compliance, details matter. The decisions and practices that employers put in place can mean the difference between compliance and non-compliance with wage and hour laws in South Carolina. Even when an employer is not intentionally failing to comply with wage and hour laws, you could face unwaged, costly, and avoidable lawsuits from your employees.
The wage and hours compliance lawyers at Willcox, Buyck & Williams, PA, have decades of experience helping employers comply with wage and hour laws. Our South Carolina wage and hour lawyers can review your documents and practices to ensure they comply with all of the relevant laws. Our law firm has represented clients throughout Florence and Myrtle Beach for over 125 years. Contact us today to schedule your initial appointment.
Understanding the Fair Labor Standards Act
Many South Carolina employees are subject to the federal Fair Labor Standards Act (FLSA). The FLSA regulates several wage and hour issues. Not every employer in South Carolina must comply with the FLSA, however. When the FLSA does not apply, South Carolina laws will govern the matter. South Carolina law does not regulate overtime pay, minimum wage, and sick pay.
When Does the Fair Labor Standards Act Apply for Wage and Hour Compliance?
The FLSA applies to South Carolina employers whose annual sales exceed $500,000, or employers who are engaged in interstate commerce. The law covers most South Carolina workplaces. Federal courts have interpreted the term interstate commerce broadly. For example, when a company regularly uses the mail to receive and send letters, they have engaged in interstate commerce.
The FLSA Does Not Protect Every South Carolina Employee
The FLSA does not protect every employee within a covered company. Some employees are exempted from the requirements of the FLSA, even though their employers must abide by the FLSA. For example, executive, administrative, and professional workers do not receive protection from the provisions of the FLSA. Outside salespeople are also exempt from the FLSA.
The FLSA does not protect highly compensated employees who receive a salary of $100,000 or more. These employees must make at a minimum $455 per week on a salary or a contingency fee basis. If you, an employee who is unsure as to whether or not the FLSA protects you, the legal team at Willcox, Buyck & Williams, PA, can review your situation and advise you of your rights. In many cases, employers miscategorize their employees to avoid having to abide by the FLSA.
We Help South Carolina Businesses with Wage and Hour Compliance Laws
If you are an employer that is unsure as to which the FLSA covers employees and which are not, we can help. We will evaluate your company’s human resources policies and ensure that you comply with federal and state wage and hour laws.
Keeping up with the changes in federal and state regulations governing wage and hour restrictions can seem like a full-time job for employers. At Willcox, Buyck & Williams, PA, our clients rest easy knowing that our team stays on top of all of the recent developments in federal and local wage and hour laws so we can help our clients stay in compliance.
South Carolina Wage and Hour Compliance Laws
South Carolina does not have as many wage and hour laws as other states. They do not require that employers pay employees a minimum wage. South Carolina does not have laws that regulate overtime payment or laws that regulate required meals and breaks. Additionally, South Carolina does not require employers to offer severance pay. Keep in mind that the federal FLSA does regulate these areas of wage and hour law and protects many South Carolina employees.
Minimum Wage Laws in South Carolina
South Carolina laws do not require employers to pay employees a minimum wage. On the other hand, the federal FLSA establishes a federal minimum wage of $7.25. Likewise, South Carolina does not have laws governing overtip, tip pooling, or tip sharing. Instead, the federal guidelines found in the Fair Labor Standards Act typically apply.
South Carolina Tipped Wages Law
South Carolina does not have a law regarding tipped wages. When the FLSA applies to an employee, the employer must ensure that the employee receives at least $2.13 per hour, which is the current federal tipped wage rate.
Employees earning tipped wages must still earn the standard federal minimum wage, which is currently $7.25. Employers should combine wages earned under the tipped wage rate with tips and divide the total by the number of hours the employee worked to determine whether or not the employee received enough payment.
South Carolina Overtime Law
South Carolina law does not require employers to pay employees a higher rate for overtime hours. However, under the federal FLSA, employers must pay employees one and a half times their regular rate of pay for all hours they worked more than 40 for one week. This rule does not apply when an employee is exempt.
Vacation Leave, Sick Leave, and Holiday Leave in South Carolina
South Carolina employers are not required to provide their employees with paid or unpaid vacation benefits. If an employer chooses to provide these benefits, the employer must comply with the employee’s contract or with the terms of the established policy. The same principle applies to sick leave and holiday leave.
Contact Our South Carolina Wage and Hour Compliance Lawyers
Understanding South Carolina’s wage and hour laws can be challenging. If you are concerned about a wage and hour practice in South Carolina, our law firm is here to help. The legal team at Willcox, Buyck & Williams, PA, can help you determine whether or not the FLSA covers your employees. We will also provide experienced legal guidance regarding South Carolina wage and hour laws. Contact us today to schedule your initial consultation.