Minimum Wage in South Carolina

Exceptions

 

Under 20 years old – Employees under the age of 20, during their first 90 consecutive days of employment, may earn no less than $4.25 per hour, as long as their work does not displace other workers. After 90 consecutive days or elapsed or the employee turns, whichever comes first, the employee must be paid the minimum wage of $7.25 per hour.

 

Tipped workers – Employers may pay tipped employees a minimum wage of $2.13 per hour under certain circumstances. When the minimum wage is combined with tips, the employee’s total earnings must equal at least the standard minimum wage of $7.25. The employee must also retain of their tips, and customarily and regularly receive more than $30 a month in tips. If the employee’s wages and tips do not equal at least $7.25 per hour, the employer must make up of the difference.

 

 

Full-time students – The Full-time Student Program is for full-time students employed in retail or service stores, agriculture, or colleges and universities. The employer that hires students can obtain a certificate from the Department of Labor which allows the student to be paid not less than 85% of the minimum wage. The certificate also limits the hours that the student may work to 8 hours in a day and no more than 20 hours a week when school is in session and 40 hours when school is out, and requires the employer to follow all child labor laws. Once students graduate or leave school for good, they must be paid $7.25 per hour effective July 24, 2009.

 

There are some limitations on the use of the full-time student program. For information on the limitations or to obtain a certificate, contact the Department of Labor's Wage and Hour National Certification Team at 230 South Dearborn Street, Room 514, Chicago, Illinois 60604, telephone: 312-596-7195.

 

Student learners – This program is for high school students at least 16 years old who are enrolled in vocational education (shop courses). The employer that hires the student can obtain a certificate from the Department of Labor which allows the student to be paid not less than 75% of the minimum wage, for as long as the student is enrolled in the vocational education program.

 

Employers interested in applying for a student learner certificate should contact the Department of Labor's Wage and Hour National Certification Team at 230 South Dearborn Street, Room 514, Chicago, Illinois 60604, telephone: 312-596-7195.

 

Other programs that allow for payment of less than the full federal minimum wage apply to disabled workers and full-time students employed pursuant to sub-minimum wage certificates.

 

Workers with disabilities – Employers may receive a certificate from the Wage and Hour Division, allowing them to pay wages less than the federal minimum wage to workers who have disabilities. The certificate covers employees who have a mental or physical disability which decreases their earning or productive capacity. Examples of disabilities which may affect productive capacity include blindness, mental retarding, cerebral palsy, and alcohol and drug addiction. However, the fact that a worker may have a disability is not in and of itself sufficient to warrant the payment of special minimum wage. The disability must actually impair the employee’s earning or productive capacity for the work being performed. For example, blindness may not be covered unless production is contingent on the ability to see.

 

 

Exemptions

 

The following are examples of employers who are exempt from both the federal minimum wage and overtime provisions. This list is not intended to be all-inclusive, and you should speak with your lawyer before making a decision about whether an exemption applies to your business. Your lawyer will carefully review the statute, as well as the particular circumstances surrounding your business, to ensure that you are in full compliance with the law before claiming an exemption.

 

(1) Farmworkers employed on small farms are exempt from both the minimum wage and overtime provisions of the FLSA.

 

(2) Executive, administrative, professional, and outside sales employees are exempt from both the minimum wage and overtime provisions of the FLSA.

 

(3) Seasonal and recreational establishments are exempt from both the minimum wage and overtime provisions of the FLSA.

 

(4) Babysitters on a casual basis are exempt from both the minimum wage and overtime provisions of the FLSA.

 

(5) Companions for the elderly are exempt from both the minimum wage and overtime provisions of the FLSA.

 

(6) Firefighters working in small (less than 5 firefighters) public fire departments are exempt from both the minimum wage and overtime provisions of the FLSA.

 

(7) Newspaper employees of limited circulation newspapers are exempt from both the minimum wage and overtime provisions of the FLSA.

 

(8) Switchboard operators are exempt from both the minimum wage and overtime provisions of the FLSA.

 

(9) Federal crime investigators are exempt from both the minimum wage and overtime provisions of the FLSA.