Wage-and-hour ground rules for hotel and hospitality employers in South Carolina — minimum wage, tipped-employee rules, overtime, breaks, premium pay, and the hotel-specific obligations that apply on top. General minimum and tipped wage rates were reviewed on October 18, 2026; effective dates and source-specific rule updates appear below.
Rate review: October 18, 2026. Apply the rate for the work date, location, occupation, and employer tier. The linked statutes, rules, and agency guidance control the coverage and exceptions. How we verify →
Minimum wage#
The South Carolina minimum wage is $7.25 per hour, effective July 24, 2009. South Carolina has NO state minimum wage law; the federal FLSA $7.25 applies to covered employers (virtually all hotels).
Preemption South Carolina preempts local minimum wage ordinances — cities and counties cannot set their own general wage floors.
Tipped employees & tip pooling#
South Carolina allows a tip credit: employers may pay tipped employees a cash wage of $2.13 and claim up to $5.12 per hour in tips toward the minimum wage. Federal FLSA conditions: more than $30/month in tips, employer notice, tips bring pay to $7.25, employees retain tips except valid pools. No state tipped-wage law; FLSA $2.13/$5.12 structure governs.
Tip pooling#
FLSA governs: valid mandatory pools among customarily tipped employees, managers/supervisors excluded, BOH only if no tip credit is taken. (29 U.S.C. §203(m)(2)(B))
See the federal baseline rules in our tip credit and tip pooling briefs — the stricter of federal or South Carolina law controls.
Overtime#
Overtime is due after 40 hours in a workweek. No state overtime law; FLSA 1.5× over 40 applies.
Run the math — including the tipped-overtime trap — with the tipped overtime calculator.
Meal & rest breaks#
Meal breaks: Not required by South Carolina law for adult employees. Under federal law, short rest breaks of about 5 to 20 minutes count as paid working time.
Rest breaks: Not required by South Carolina law.
Scheduling & premium pay#
- Reporting-time pay: None required by state law.
- Split-shift premium: None.
- Spread of hours: None.
Service charges & gratuities#
South Carolina has no service-charge-specific statute — the federal tip/service-charge line (and IRS treatment) controls. Background: service charges, auto-gratuities & resort fees.
Pay administration#
- Pay frequency: No statutory maximum interval, but employers (5+ employees) must give written notice of wages, paydays, and deductions at hiring and pay on the designated paydays (S.C. Payment of Wages Act).
- Wage statements: Itemized statement of gross pay and deductions required each payday for employers with 5+ employees; treble damages available for willful nonpayment. (S.C. Code §41-10-30; §41-10-80)
- Exempt salary floor: $684.00/week (federal) — Federal $684/week applies.
- Lodging credit: FLSA §3(m) meal/lodging credit rules apply (reasonable cost, voluntary, records).
S.C. Code §6-1-130 expressly prohibits political subdivisions from establishing a minimum wage or requiring private employers to provide benefits beyond state/federal law — no local rates exist in resort markets like Charleston, Myrtle Beach, or Hilton Head. Compliance is essentially FLSA compliance plus the strict Payment of Wages Act notice/deduction rules.
Sources and further reading#
Government agencies and official publishers appear first. Independently hosted legal texts and secondary reporting are identified separately below.
Official sources
- SC Dept. of Labor, Licensing and Regulation (LLR)
- SC LLR (no state minimum wage; Payment of Wages) (accessed 2026-06-12)
Additional reporting and commentary
- Horton Group — State minimum wage rates 2026 (cross-check) (accessed 2026-06-12)