South Carolina · Unpaid wages · Updated Oct 2026

South Carolina wage claims: how to get your unpaid pay

Not paid for all your hours, no overtime, or no final paycheck? Here is South Carolina’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.

$7.25minimum wage in 2026
$2.13tipped cash wage
Nodaily overtime
See the rulesfinal pay if fired
3 yearstime limit to file (see details)

Where to file in South Carolina

Wage claims in South Carolina go to this state office. Filing is usually free.

Office
South Carolina Department of Labor, Licensing and Regulation (LLR), Office of Wages and Child Labor
Phone
803-896-7756
File onlineOfficial wage claim page

For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.

How to file a wage claim in South Carolina

  1. Gather your records

    Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

  2. Ask in writing first (optional)

    A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

  3. File with South Carolina Department of Labor

    File a wage complaint with LLR online, or fill out the Wage Complaint Form and fax it to 803-896-7680 or mail it to SC LLR, Wages and Child Labor, P.O. Box 11329, Columbia, SC 29211-1329. A chief investigator screens it to see if it falls under the Payment of Wages Act (unpaid wages, commissions, or promised benefits); if so, an investigator looks into it, and if violations are found LLR can issue citations and warnings to the employer. Filing is free. LLR does not handle minimum wage or overtime; those go to the US Department of Labor. To get triple damages you must sue in court.

  4. Watch the deadline

    3 years after the wages became due to file a lawsuit for unpaid wages (S.C. Code § 41-10-80(C)).

Minimum wage and overtime in South Carolina

South Carolina has no state minimum wage law, so the federal minimum wage of $7.25 an hour applies to workers covered by federal law. Minimum wage complaints go to the US Department of Labor's Wage and Hour Division.

Minimum wage (2026)
$7.25
Tipped cash wage
$2.13

Overtime

South Carolina has no state overtime law. Under federal law (FLSA), covered workers must get 1.5 times their regular rate for hours over 40 in a workweek. There is no daily overtime.

Paydays: South Carolina sets no required pay frequency. Your employer must tell you in writing when you are hired the time and place of payment and must pay on that schedule (S.C. Code §§ 41-10-30(A), 41-10-40(D)).

Your final paycheck in South Carolina

If you are fired or laid off
Within 48 hours of separation or by the next regular payday, which may not be more than 30 days later.
If you quit
Same rule: within 48 hours or by the next regular payday, not more than 30 days later.
Law
S.C. Code § 41-10-50

When was your final paycheck due in South Carolina?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Enter your last day of workThe result appears when you pick a date.

Dates are approximate: we skip weekends for business and working days but not holidays. Nothing you type here is sent anywhere.

Penalties your employer may owe

If your employer fails to pay wages due on time or at separation, you can sue for three times the unpaid wages, plus costs and reasonable attorney fees (S.C. Code § 41-10-80(C)). LLR can also fine employers up to $100 per violation, but these fines go to the state (§ 41-10-80(A)-(B)).

Retaliation and immigration status

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Your employer may not hold back any part of your pay unless state or federal law requires or permits it, or the employer gave you written notice of the amount and terms of the deduction (S.C. Code § 41-10-40(C)). There is no state tip law; federal tip rules apply.

Good to know in South Carolina

  • Vacation, holiday, and sick pay count as wages if your employer's policy or contract promises them (S.C. Code § 41-10-10(2)).
  • Employers with 5 or more employees must give you written notice at least 7 calendar days before cutting your pay rate.
  • Triple damages are available in court for unpaid wages.

Forms

Wage-theft calculator for South Carolina

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

If a higher city or county minimum wage applies where you work, enter that rate if it is more than you were promised.

Before taxes, if you know it. Leave it empty to see only what you were owed.

Fill in your pay, hours and weeksThe result appears as you type.

South Carolina overtime rule: South Carolina has no state overtime law. Under federal law (FLSA), covered workers must get 1.5 times their regular rate for hours over 40 in a workweek. There is no daily overtime.

Penalties your employer may also owe in South Carolina: If your employer fails to pay wages due on time or at separation, you can sue for three times the unpaid wages, plus costs and reasonable attorney fees (S.C. Code § 41-10-80(C)). LLR can also fine employers up to $100 per violation, but these fines go to the state (§ 41-10-80(A)-(B)).

Tipped workers: this calculator does not count tips. In many states your employer may pay a lower cash wage if your tips make up the difference to the minimum wage; see your state’s page.

An estimate from the numbers you enter and South Carolina’s rules, not legal advice. Nothing you type in this calculator is sent anywhere.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

When you download or copy the letter, the details you typed are saved on our server. See our privacy policy.

The name on your pay stubs, checks or the business sign. If you only know the owner’s name, use that.

Use the calculator above if you are not sure.

We suggest 10 days.

What were you not paid? (required)

One or two sentences with dates, hours and amounts.

Questions about wage claims in South Carolina

Where do I file a wage claim in South Carolina?

With South Carolina Department of Labor, Licensing and Regulation (LLR), Office of Wages and Child Labor. Phone: 803-896-7756. File a wage complaint with LLR online, or fill out the Wage Complaint Form and fax it to 803-896-7680 or mail it to SC LLR, Wages and Child Labor, P.O. Box 11329, Columbia, SC 29211-1329. A chief investigator screens it to see if it falls under the Payment of Wages Act (unpaid wages, commissions, or promised benefits); if so, an investigator looks into it, and if violations are found LLR can issue citations and warnings to the employer. Filing is free. LLR does not handle minimum wage or overtime; those go to the US Department of Labor. To get triple damages you must sue in court.

What is the minimum wage in South Carolina in 2026?

South Carolina has no state minimum wage law, so the federal minimum wage of $7.25 an hour applies to workers covered by federal law. Minimum wage complaints go to the US Department of Labor's Wage and Hour Division.

Does South Carolina have daily overtime?

South Carolina has no state overtime law. Under federal law (FLSA), covered workers must get 1.5 times their regular rate for hours over 40 in a workweek. There is no daily overtime.

When is my final paycheck due in South Carolina if I'm fired?

Within 48 hours of separation or by the next regular payday, which may not be more than 30 days later.

When is my final paycheck due in South Carolina if I quit?

Same rule: within 48 hours or by the next regular payday, not more than 30 days later.

How long do I have to file a wage claim in South Carolina?

3 years after the wages became due to file a lawsuit for unpaid wages (S.C. Code § 41-10-80(C)).

What can my employer owe besides my wages in South Carolina?

If your employer fails to pay wages due on time or at separation, you can sue for three times the unpaid wages, plus costs and reasonable attorney fees (S.C. Code § 41-10-80(C)). LLR can also fine employers up to $100 per violation, but these fines go to the state (§ 41-10-80(A)-(B)).

Employer still won't pay? Small claims court is often the next step for amounts under the state limit.

Small claims in South Carolina
Sources

Last checked: Oct 2026.

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