No state minimum wage — confirmed absence
The SC Code of Laws Title 41, Labor and Employment, was reviewed directly at scstatehouse.gov. The title contains chapters covering general provisions, the Department of Labor, Licensing and Regulation, employment first, subminimum wages (for special populations), right-to-work, illegal aliens, payment of wages, and child labor — but no chapter establishing a general minimum wage. The absence is confirmed, not inferred.
Chapter 6 ("Subminimum Wages") exists but addresses special certification programs for certain populations, not a general minimum wage floor. It does not serve as a state minimum wage statute.
What applies instead: the federal FLSA
Because South Carolina has no state minimum wage, the only applicable floor for most workers is the federal Fair Labor Standards Act (FLSA) minimum of $7.25 per hour under 29 U.S.C. § 206. This rate applies to all employers who meet the FLSA enterprise or individual-worker coverage thresholds. Employers who do not meet FLSA thresholds face no state minimum wage requirement either — South Carolina imposes none.
The FLSA's overtime rule — 1.5× for hours over 40 in a workweek — applies to covered South Carolina employers through 29 U.S.C. § 207. South Carolina has no independent state overtime law.
Enforcement: federal only
Because there is no state minimum wage law, wage complaints in South Carolina must be filed with the federal Department of Labor Wage and Hour Division at dol.gov/agencies/whd. The South Carolina Department of Labor, Licensing and Regulation (LLR, llr.sc.gov) administers other labor laws — including child labor and the Payment of Wages Act — but does not have jurisdiction over minimum wage. This is a meaningful practical difference from neighboring North Carolina, where the state DOL can independently enforce minimum wage claims under the NC Wage and Hour Act.
SC Payment of Wages Act — § 41-10-50
While South Carolina has no minimum wage law, it does have the SC Payment of Wages Act at SC Code § 41-10-50, which governs the timing of final paychecks and wage payment generally. This is a different statute from a minimum wage law and does not set a wage floor. The LLR administers this act. Workers with final paycheck disputes should contact LLR rather than the federal DOL.
South Carolina compared to neighboring North Carolina
North Carolina, directly to the north, has a full state Wage and Hour Act codified at NCGS Chapter 95, Article 2A. The Act creates a parallel state enforcement channel for minimum wage violations, meaning a North Carolina worker can file a state claim with the NC Department of Labor in addition to a federal FLSA claim. South Carolina workers have only the federal channel. Beyond enforcement: North Carolina's state act mirrors FLSA's $7.25 rate for now, but any future state increase would automatically create a higher floor in NC while leaving South Carolina unchanged.
What this page does not determine
- Whether a specific employer or employee is covered by the federal FLSA.
- The federal FLSA overtime rules — these apply to covered South Carolina employers under 29 U.S.C. § 207.
- SC Payment of Wages Act compliance — contact the SC LLR for final paycheck disputes.
- Whether a local South Carolina municipality could enact a minimum wage ordinance — no city has done so as of August 2026.
- FLSA exemptions (agricultural workers, certain small businesses, etc.).
Sources and verification
The absence of a state minimum wage statute was confirmed by review of SC Code of Laws Title 41 (Labor and Employment) at scstatehouse.gov. The FLSA floor ($7.25/hr, 29 U.S.C. § 206) is the operative rate for all covered employers. Verification date: August 2026. See the site's methodology for source standards.