Getting Paid
S.C. Code 41-10-50 and S.C. Code 41-10-80 — final pay within forty-eight hours or the next payday, and three times what was not paid
The last paycheck. When an employer separates an employee from the payroll for any reason, the employer pays all wages due within forty-eight hours of the separation, or by the next regular payday, which may not be more than thirty days away.
- At hiring, the employer notifies each employee in writing, or by a conspicuous posting, of the normal hours and wages, the time and place of payment, and the deductions to be made.
- Changes to those terms are made in writing at least seven calendar days before they take effect, apart from raises.
- Each pay period, the employer gives an itemized statement of gross pay and deductions.
- No part of wages may be withheld or diverted unless the law requires or permits it, or the employee was given written notice of the amount and terms.
- Wages are paid at the time and place designated, in money, a check dated the payday, or by deposit with a statement of earnings.
Three times the unpaid wages. Where an employer fails to pay wages as those sections require, the employee may recover in a civil action three times the full amount of the unpaid wages, plus costs and reasonable attorney's fees as the court allows. The action must be started within three years after the wages became due.
The Department of Labor, Licensing and Regulation may also assess civil penalties of up to $100 for each violation. Minimum wage, overtime and which workers are employees are not on this page. A particular wage claim is a question for a licensed South Carolina attorney.
Sources for this section (4)
- S.C. Code 41-10-50 — Payment of wages due discharged employees
- S.C. Code 41-10-40 — Medium of payment; prohibition against deductions in absence of written notice
- S.C. Code 41-10-80 — Violations and penalties; civil actions by employees
- S.C. Code 41-10-30 — Notification to employees of wages and hours agreed upon; itemized statement
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.