South Carolina Overtime Laws
If your employer is withholding your hard-earned compensation for the excess hours that you worked, it’s imperative that you understand the South Carolina overtime laws and how they affect you.
If you have questions, speak with professional overtime lawyer, Travis Hedgpeth, today.
Since many employees are not aware of the South Carolina overtime laws, they can’t tell whether they are being cheated out of overtime. The complex nature of overtime laws makes it easy for employers to twist things and engage in wage theft. The first step to protecting yourself from dishonest employers is, without a doubt, to be well informed about the overtime laws.
If you need an overtime lawyer, call The Hedgpeth Law Firm, PC today for a free no-obligation case evaluation.
South Carolina Labor Laws Overtime
South Carolina is one of the states that have not yet developed their overtime laws. Therefore, employers must follow the Department of Labor guidelines and provisions set through the Fair Labor Standards Act (FLSA).
Under federal overtime law, employers must track all hours worked in a workweek. If there are additional hours clocked beyond 40 hours, compensation must be at a premium rate of 1.5 times an employee’s regular pay rate.
However, the FLSA does not cover some employees, including:
· Employees who work in sales
· Skilled computer specialists
· Employees who perform executive and administrative functions
· Salaried and professional employees earning at least $684 per week.
These are exempt employees. Generally, employers have no obligation to pay overtime. Keep in mind, though, FLSA has strict testing criteria for classifying a worker as exempt. Merely giving workers the above titles will not automatically make them exempt from overtime.
Federal Minimum Wage
The absence of South Carolina labor laws overtime means employers have to use the federal minimum wage ($7.25 per hour) when calculating overtime pay. Most workers get paid at this rate.
The Minimum Wage for Tipped Employees
Any employee who regularly earns tips worth at least $30 per month qualifies to be called a tipped employee. Their minimum wage is $2.13 per hour because employers claim a tip credit of $5.12. Examples of tipped employees include waiters, bartenders, busboys, and bellhops. If your hourly wages plus tips are below $7.25, you have a right to claim the difference from your employer.
Meal and Breaks
The federal law does not require lunch or coffee breaks for employees. Some companies, however, choose to offer short breaks lasting less than 20 minutes. Employees must receive compensation for such time.
For break periods lasting at least 30 minutes, employers don’t need to pay. But if an employee works through that period, then an employer must pay. Work-off-the-clock is illegal.