ATTORNEY ADVERTISING | Paul M. Botros, Esq. | Licensed in Texas and Florida

South Carolina Overtime Laws

South Carolina has no state overtime or minimum wage law. All overtime protections come from the Federal Fair Labor Standards Act (FLSA). Whether you build BMWs in Spartanburg, work hospitality in Charleston, or staff warehouses in the Upstate, we fight for the overtime pay you've earned.

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Calculate Your Unpaid Overtime

Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).

How Are You Paid?

$ /hour
hours
Must be your *paid* hours (can be under 40)
weeks
Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

South Carolina Law vs. Federal Law

⚠️ Important: South Carolina Has No State Overtime Law

South Carolina has no state-level minimum wage or overtime law. All overtime claims are filed under Federal Law (FLSA), which provides strong protections including time-and-a-half pay, double damages, and a 2–3 year recovery period.

Protection SC State Law Federal Law (FLSA)
Minimum Wage None $7.25/hr
Overtime Law None 1.5x after 40 hours
Tipped Wage No Provision $2.13/hr
Statute of Limitations N/A 2 Years (3 if Willful)
Damages N/A Double Damages (Liquidated)

Common South Carolina Overtime Violations

πŸš— Auto Manufacturing

Spartanburg & Upstate: BMW, Volvo, Mercedes-Benz Vans, and their supplier networks. Assembly workers and quality inspectors misclassified as salaried "team leads" to avoid overtime.

πŸ–οΈ Tourism & Hospitality

Charleston, Myrtle Beach, Hilton Head: Hotel housekeeping, restaurant servers, and resort staff facing tip pool violations, unpaid side work, and automatic meal deductions.

🚒 Port & Logistics

Port of Charleston: Warehouse workers and drivers denied pay for waiting time, security screenings, and pre-shift equipment checks at one of the East Coast's busiest ports.

🏭 Tire & Rubber Manufacturing

Shift workers at tire manufacturing plants denied overtime through forced shift-swap arrangements or misclassified as exempt supervisors.

πŸ₯ Healthcare

Nurses and home health aides facing automatic lunch deductions despite working through breaks, plus unpaid pre-shift briefings and charting time.

πŸ—οΈ Construction

Coastal construction boom driving cash payments and "straight time" for overtime hours, particularly in residential and commercial development.

Common Violations by South Carolina Region

πŸ“ Upstate (Greenville / Spartanburg)

Auto & Advanced Manufacturing:

  • BMW/Volvo: Supplier misclassification
  • Tire Plants: Shift swap violations
  • Warehouses: Unpaid security checks

πŸ“ Charleston / Lowcountry

Port, Tourism, & Tech:

  • Port Workers: Waiting time violations
  • Restaurants: Tip pool violations
  • Hotels: Off-the-clock cleaning

πŸ“ Grand Strand / Coastal

Tourism & Hospitality:

  • Resort Staff: Seasonal OT denial
  • Retail: "Manager" misclassification
  • Construction: Cash pay schemes

What You Can Recover

Federal Damages

πŸ’° Double Damages

Under Federal Law, you are typically entitled to "Liquidated Damages," which means you get $2 for every $1 you were underpaid.

πŸ“… 2-3 Year Recovery

You can recover unpaid wages for the last 2 years (standard) or 3 years (if the violation was willful).

πŸ“‹ Attorney Fees

The employer must pay your legal fees and court costs if you win.

Why Choose Our National Wage Recovery Team

South Carolina has no state overtime protections, which means every claim goes through Federal Court under the FLSA. Our national practice specializes in exactly these cases. We partner with experienced South Carolina local counsel to bring both specialized wage and hour expertise and local court advantage to your case in the District of South Carolina.

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Large employers have legal teams. With our national network, so do you.

Frequently Asked Questions

Does South Carolina have overtime laws?

No. South Carolina has no state overtime or minimum wage law. All overtime protections come from the federal Fair Labor Standards Act (FLSA), which requires 1.5x pay for hours over 40 in a workweek.

Are BMW and Volvo plant workers in South Carolina entitled to overtime?

In most cases, yes. Assembly line workers, quality inspectors, and maintenance staff at auto plants and their supply chain partners are generally non-exempt under FLSA, regardless of their job title.

Can hotel and restaurant workers in Charleston get overtime?

Absolutely. Tipped employees in South Carolina's tourism industry are frequently underpaid through tip pool violations, excessive side work, and automatic meal deductions. These are all actionable FLSA violations.

How far back can I claim unpaid wages in South Carolina?

Under FLSA, you can recover unpaid wages for the last 2 years. If the violation was willful (your employer knew they were violating the law), the lookback extends to 3 years.

Can I recover double damages in South Carolina?

Yes. Federal law provides liquidated damages equal to 100% of your unpaid wages β€” effectively doubling your recovery. The employer also pays your attorney fees if you win.

Are port workers at the Port of Charleston entitled to overtime?

Most are. Warehouse workers, laborers, and drivers at the port are generally entitled to overtime pay. Common violations include unpaid waiting time, security screening time, and mandatory safety meeting time.

Get Your Free Case Evaluation

Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.

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