South Carolina Overtime Calculator 2026

Frequently Asked Questions

• Does South Carolina have its own overtime law?

  No. South Carolina has not enacted a state overtime statute as of 2026. Private-sector employees in South Carolina are governed exclusively by the federal Fair Labor Standards Act (FLSA), which requires 1.5× pay for hours worked over 40 in a workweek. There is no daily overtime threshold in South Carolina.

• When does overtime kick in for South Carolina workers?

  Overtime is triggered once a non-exempt employee works more than 40 hours in a single workweek under the FLSA. South Carolina has no daily OT threshold — working 12 hours in one day does not trigger overtime unless total weekly hours exceed 40. The workweek is typically a fixed 7-consecutive-day period set by the employer.

• What is the overtime rate in South Carolina?

  The overtime rate is at least 1.5× (time-and-a-half) of the employee's regular rate of pay for each hour over 40 in a workweek. South Carolina has no double-time (2×) requirement under any state law. Some employers may voluntarily offer higher rates, but the legal floor is 1.5× (as of 2026).

• Is there daily overtime in South Carolina?

  No. Unlike California (which requires 1.5× pay after 8 hours in a day), South Carolina has no daily overtime threshold. A proposed bill (H.4751) to add daily overtime was introduced in January 2026 but had not been enacted as of May 2026. Only federal FLSA weekly-hours rules apply.

• Who is exempt from overtime in South Carolina?

  Exemptions follow federal FLSA rules. The main exemptions are executive, administrative, professional, outside sales, and computer employees earning at least $684/week (the federal salary threshold as of 2025). Highly compensated employees earning $107,432/year or more may also qualify. South Carolina adds no additional state-specific overtime exemptions.

• Is overtime pay taxed differently in South Carolina?

  Potentially. South Carolina House Bill 3368 would exclude overtime pay from SC state individual income tax for tax years 2025–2028. As of May 2026, the bill was pending in the Senate and had not become law. Verify current status at scstatehouse.gov before relying on this exemption when filing state taxes.

• What is the 'regular rate' for calculating overtime pay in South Carolina?

  The regular rate includes most types of compensation: hourly wages, shift differentials, non-discretionary bonuses, and commissions. It excludes overtime premiums, discretionary bonuses, gifts, vacation pay, and expense reimbursements. Divide total qualifying weekly compensation by total hours worked to determine the regular rate before applying the 1.5× multiplier.

• Can a South Carolina employer require mandatory overtime?

  Yes. South Carolina has no law restricting mandatory overtime for most adult employees. Employers may require overtime work as long as they pay the legally required 1.5× rate for all hours over 40. Refusing mandatory overtime can be grounds for discipline or termination in most cases. Healthcare workers have separate federal rules under EMTALA.

• How do I file an overtime complaint in South Carolina?

  Because South Carolina has no state overtime law, file with the U.S. Department of Labor's Wage and Hour Division (WHD) at dol.gov/agencies/whd or call 1-866-487-9243. You may also file a private FLSA lawsuit within 2 years (3 years for willful violations) to recover unpaid overtime plus equal liquidated damages and attorney fees.

• Are salaried employees entitled to overtime in South Carolina?

  It depends. Salaried employees earning less than $684/week ($35,568/year) are generally entitled to overtime under the FLSA regardless of job duties. Those earning above the threshold may be exempt if their duties qualify under the executive, administrative, or professional tests. Being paid a salary does not automatically exempt an employee from overtime entitlement.