Maximum Hours & Overtime in South Carolina

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.

 

 

Overtime Exceptions

 

The Fair Labor Standards Act generally requires employers to pay their employees one and one half (1.5) times the regular that of pay for all time worked in excess of 40 hours per week. However, there are many circumstances where the FLSA allows employers to use a different threshold for calculating overtime pay. The list below is not intended to be all-inclusive, and you should speak with your lawyer before making a decision about whether your business may claim an exception. 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 changing the way you calculate overtime pay for your employees.

 

Fire Departments – The FLSA allows fire departments to use a “work period” basis to calculate overtime for employees engaged in “fire protection activities.” The work period must be at least 7 consecutive days and no more than 28 consecutive days. Essentially, for each 7 days, employees engaged in fire protection activities will have to work 53 hours before receiving overtime pay. As such, if those employees are paid every two weeks (14) days, they will have to work a total of 106 hours during that period before receiving overtime pay.

 

Employees engaged in fire protection activities means a firefighter, EMT, rescue worker, ambulance personnel, paramedic, or hazardous material worker, who is “(1) trained in fire suppression, has the legal authority and responsibility to engage in fire suppression, and is employed by a fire department of a municipality, county, fire district, or State; and (2) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk.”

 

Law Enforcement – Employees engaged in “law enforcement activities” fall under the same exception as fire department personnel, except that their overtime is calculated based on 43 hour threshold per 7 day work period.

 

Employment in domestic service – Domestic service employees must be paid time and half after working 44 hours in a week.

 

Reasonable Break Time for Nursing Mothers

Employers must provide reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk; and

 

A place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.

 

Employers are not required to compensate such an employee for any work time spent utilizing this break.

An employer that employs less than 50 employees shall not be subject to the requirements of this subsection, if such requirements would impose and undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.