Employment · South Carolina

Can I sue for unpaid overtime in South Carolina?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in South Carolina?

free route

The Office of Wages and Child Labor at the Department of Labor, Licensing and Regulation handles payment of wages. South Carolina has no state minimum wage law and so no state overtime rule, which means the overtime itself is the federal claim above and the federal Wage and Hour Division is the office that enforces it.

source ↗Not yet checked against the statute.

Which court hears a case like this in South Carolina?

which court

Magistrate court

source ↗Not yet checked against the statute.

How much can you sue for in South Carolina small claims court?

small claims limit

$7,500

source ↗Not yet checked against the statute.

What else should you know in South Carolina?

also

The federal Department of Labor's state table lists South Carolina among the states with no minimum wage law at all, so there is no second layer of state overtime rules to look for here.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in South Carolina. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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