The South Carolina overtime rule this calculator models
South Carolina has no independent private-sector daily overtime rule; the verified state source points workers to the federal FLSA weekly-40 overtime rule, and this calculator uses that weekly threshold. The calculator pays straight time for all entered hours, then adds the overtime premium only for hours above the verified threshold. That structure prevents stacking two overtime premiums on the same hour.
Basic formula
Worked example
One weekly-overtime week
What this does not determine
- Whether the worker is exempt from state or federal overtime.
- Whether the employer is covered by the state rule, the federal FLSA, or both.
- Whether bonuses, commissions, multiple rates, or tip credits require a different regular-rate analysis.
- Whether public-sector, agricultural, retail, seasonal, collective-bargaining, or industry-specific exceptions apply.
- Whether a wage claim is timely or which agency process a worker should choose.
State-specific source notes
- Statute/source anchor: SC Code of Laws Title 41; no independent overtime statute found in the verified state source.
- Agency and wage-claim process: South Carolina Department of Labor, Licensing and Regulation. GAP — the verified research did not access a primary LLR wage-claim filing process or deadline.
- Neighbor contrast: North Carolina has a Wage and Hour Act that mirrors federal law and creates a state enforcement mechanism; South Carolina has no comparable state overtime statute.
Sources and verification
The threshold, multiplier, and source link are read from src/data/states.json. Values marked unverified render no calculator. The calculation was checked with a Node test for South Carolina covering no overtime, overtime above the weekly threshold, additional includable pay, nonnegative inputs, and visible DOM output. Primary source: South Carolina overtime source.
South Carolina overtime law: one of only five states with no wage statute
South Carolina has no state minimum wage statute and no state overtime law. The SC Code of Laws Title 41 (Labor and Employment, Chapter 1, General Provisions) contains no minimum wage provision — a fact confirmed by review of scstatehouse.gov. South Carolina is one of only five states (along with Alabama, Louisiana, Mississippi, and Tennessee) that have enacted no wage legislation for private-sector employees.
All overtime rights in South Carolina derive exclusively from 29 U.S.C. § 207. The SC Department of Labor, Licensing and Regulation (LLR) (llr.sc.gov) handles certain employment matters — workplace safety and licensing — but it has no authority to adjudicate overtime claims because no state overtime statute exists. Overtime complaints must go to the U.S. DOL Wage and Hour Division or be pursued through a private FLSA lawsuit.
South Carolina does have one state-specific wage statute: the SC Payment of Wages Act (S.C. Code § 41-10-50) governs final paycheck and wage payment timing — but even that statute does not create overtime rights. Workers who are owed wages under an employer's own wage payment policy can use the SC Payment of Wages Act; overtime underpayment still requires a federal FLSA claim.
How does South Carolina compare to its neighbors? North Carolina's NCGS Chapter 95, Article 2A (Wage and Hour Act) creates an independent state enforcement mechanism — NC workers at smaller employers can file with the NC DOL even when FLSA coverage is uncertain. Georgia has O.C.G.A. Title 34, Chapter 4 — a minimum wage statute (even if below the federal floor). South Carolina has neither a minimum wage statute nor an overtime statute, making it more similar to Alabama and Mississippi than to its other neighbors. Florida, to the south, has a constitutional minimum wage mandate reaching $15.00 by September 2026.