South Carolina`s wage laws do not require the reporting of wages or wages when workers report for a scheduled shift, but are sent home due to a lack of work. To calculate your weekly overtime pay, enter your regular hourly wage and the number of hours worked per week in the SC Overtime Calculator. Your overtime pay will then be calculated and displayed. The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements for working overtime for anyone over 40 hours in a single week (or daily overtime limits set by South Carolina`s overtime laws). If your job involves manual labor (e.g., construction workers, factory attendants, cashiers, etc.), you`re probably protected by overtime law. To determine whether a workplace is exempt from overtime, the RSA provides a series of tests to determine an employee`s eligibility for overtime based on rate of pay, working conditions, skill level and other factors. If an employee works more than 40 hours in a work week, he or she must receive the overtime rate, which is equal to one and a half hours of the regular overtime rate. In other words, federal law states that if an employee is in a position that is administrative, professional or management in good faith, that person is not eligible for overtime pay under the Fair Labour Standards Act. Let`s say you think your employer hasn`t paid you reasonable overtime pay since January 1, 2016. If you wait until June 1, 2019 to file your lawsuit, you can only file it from June 1, 2017 to June 1, 2017.
June 2019 applies to unpaid wages. Overtime pay, also known as “one-and-a-half-hour wages,” is one and a half times an employee`s regular hourly wage. Therefore, the minimum wage for overtime in South Carolina is $10.88 per hour, one and a half times South Carolina`s regular minimum wage of $7.25 per hour. If you earn more than the South Carolina minimum wage rate, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked. Most workers in South Carolina are eligible for overtime pay if they work more than 40 hours per week. However, there are exceptions in certain circumstances. South Carolina`s labor laws do not have laws requiring an employer to provide employees with meals or breaks, so the federal rule applies. Frequently asked questions about SC`s labour department. The federal rule does not require an employer to provide a meal (lunch) or breaks.
However, if an employer chooses to do so, breaks must be paid, usually less than 20 minutes. Meal or lunch breaks (usually 30 minutes or more) do not have to be paid as long as the employee can do whatever they want during the meal or lunch break. DOL: Breaks and meal times. For more information on South Carolina`s minimum wage laws, visit our South Carolina Minimum Wage Laws page, which includes topics such as minimum wage, minimum wage, tip sharing and pooling, and minimum wage. Employees who are exempt from the overtime requirements of the Fair Labor Standards Act are not required to be paid overtime in South Carolina. These workers include: For minimum wage workers in South Carolina, overtime pay is $10.88 per hour (1.5 x $7.25). Field workers (who often set their own hours) are also exempt from HC`s overtime requirements, as are certain types of computer-related workers. Independent contractors who are not considered legal employees are also exempt from the application of the Overtime Act. Other exempt positions include certain transport workers, some agricultural and agricultural workers, and certain domestic workers such as housekeepers. Information about South Carolina`s vacation laws can now be found on our South Carolina Vacation Laws page.
If you think your employer owes you overtime, learn how to claim overtime in South Carolina. Non-exempt workers in South Carolina are entitled to overtime pay equal to 1.5 times their average hourly rate for each hour of more than 40 hours worked in a single week. Based on the minimum wage of $7.25 per hour in South Carolina, the minimum amount a worker in South Carolina should receive as overtime pay is $10.88 per hour. South Carolina is an all-you-can-eat employment state, and generally employers in arbitrary jurisdictions are responsible for their planning and staffing needs. While some states limit at will the number of hours employers can require their employees to work, South Carolina does not. South Carolina`s Wage Payment Act requires employers to pay their employees overtime for work of more than 40 hours per work week, unless they are exempt from federal or state overtime requirements. In general, federal and state labor laws allow employers to pay overtime only to their non-exempt employees. Exempt employees are usually those in administrative, supervisory or professional occupations. The state of South Carolina does not have its own overtime law.
That means there are no laws in South Carolina governing how much employers should pay their employees for overtime, or to determine exactly when employers should pay overtime. Officers, directors and other professionals earning at least $455 per week are not required to pay overtime under section 13 (a) (1) of the Fair Labour Standards Act. South Carolina`s deadline to file an overtime claim is consistent with the FLSA, which requires those seeking to recover wages from unpaid overtime to file a lawsuit within two years of the date of the employer`s wage violation. Thus, a lawsuit filed today could only aim to recover the overtime of the last 2 (sometimes 3) years. Most hourly workers in South Carolina are entitled to special overtime pay for all hours worked out of a total of 40 in a single work week (defined as seven consecutive working days by the Fair Labor Standards Act). If you believe you have been deprived of the compensation to which you are legally entitled, please contact Lore Law Firm. Our overtime rights attorneys represent employees in South Carolina who have been victims of wage and hour violations in the workplace and take cases on a contingency fee basis — no costs if no reimbursement of payment arrears. The main provisions of South Carolina`s overtime law, namely the federal law, are summarized in the table below.
If your employer hasn`t paid you overtime and you think you`re entitled to overtime pay for the work you do, there are steps you can take to make sure you get what you deserve. First, check South Carolina`s overtime law, as well as federal overtime exemptions, to make sure your profession isn`t exempt from overtime, and ask your employer directly why you weren`t paid. The South Carolina Department of Labor, Licensing and Regulations is responsible for administering the state`s labor laws. The department does not require employers to provide mandatory rest days for their employees and does not prohibit most employers from requiring their employees to work mandatory overtime as long as they comply with federal and state overtime laws. An employer does not violate overtime laws by requiring employees to work overtime (i.e. “mandatory overtime”) as long as they are properly compensated at the legislated premium rate. In general, hourly employees who earn less than $455 per week ($23,660 per year) and who work in a non-exempt industry are eligible for overtime pay. Employees in managerial, administrative or professional positions (and who receive at least $455 per week on a salary basis) are exempt from the overtime requirement. Please note that new minimum wage requirements for these overtime exemptions will come into effect in January 2020, bringing the minimum wage threshold to $684 per week (or $35,568 per year). This change in federal law also applies to most South Carolina workers when it comes to determining whether or not they are exempt from overtime pay laws.
Of course, as we know from other state overtime laws, nothing is so clear. And some employees are entitled to overtime pay. One of the most important ways federal law tells us to determine who is working overtime and who is not is the “good faith” rule for employees. The RSA specifically covers certain jobs and exempts others from overtime pay. The following jobs are specifically covered by federal overtime pay legislation: In 2008, nearly 200,000 employees successfully received a total of $140,200,000 ($140.2 million) in overtime and minimum wage arrears from their employers following a lawsuit for violations of the RSA. The U.S. Department of Labor`s Wages and Hours Division is responsible for administering federal wage and hour laws.