South Carolina employment law overview

Published: July 7, 2012 | Updated: July 1, 2018 | by Brightmine Editorial Team

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 both federal and state law.

An employer must also comply with applicable municipal law obligations affecting the employment relationship, in addition to complying with state and federal requirements.

EEO, diversity and employee relations

Key South Carolina requirements impacting EEO, diversity and employee relations are:

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).
• Disability.

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

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.
• A modified work schedule.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Recruiting and hiring

Key South Carolina requirements impacting recruiting and hiring are:

Drug testing

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

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.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Wage and hour

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.
• 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.
• After 9:00 p.m. during the summer break.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Pay and benefits

Key South Carolina requirements impacting pay and benefits are:

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.

Payment of wages

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.

Wage notices

An employer with five or more employees must notify each employee in writing, at the time they are hired, of the normal hours and wages agreed upon, the time and place of payment and the deductions that will be made from the wages, including payments to insurance programs. Alternatively, the employer may conspicuously post this notice at or near the place of work.

Any changes in the terms (excluding pay increases) must be made in writing at least seven calendar days before they become effective.

Wage 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.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Time off and leaves of absence

South Carolina has a few laws relating to required time off and leaves of absence for employees. These laws include:

• Maternity leave (covering employers with 15 or more employees).
• Jury duty leave.
• Crime victim leave.
• Military leave.
• Emergency responder leave.
• Quarantine/isolation leave.
• Bone marrow donation leave (covering employers with 20 or more employees).

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Health and safety

Key South Carolina requirements impacting health and safety are:

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.

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.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Organizational exit

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.

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.