In the Workplace - Your Right to Wages

You Have Rights!

The South Carolina Payment of Wages Act and the Fair Labor Standards Act (FLSA) protect your right to wages you have earned.

Your Rights Under the Fair Labor Standards Act

The FLSA governs how employees are paid by their employers. Not all employers or employees are covered under this law. Consult an attorney or the US Department of Labor to find out if you are covered. Under this law, employers:

• must pay employees a minimum wage of $7.25 per hour;
• must pay any employee who works more than 40 hours in a workweek one and one-half times the employee's regular rate of pay with some exceptions;
• must pay employees for all the time an employee is required to be at the employer's premises, on duty, or at a prescribed workplace.

Your Rights Under the South Carolina Payment of Wages Act

This law applies to all employers in South Carolina except employers who have employed less than 5 employees over the last 12 months and individuals who employ domestic workers in their own home. "Wages" include all forms of compensation, such as pay for a fixed amount of time, for completion of a task, piece work, or commission. Under this law, employers:

• must give employees a statement each pay period showing the amount of their pay and any deductions;
• may not withhold any wages UNLESS they have provided 7 days written notice of the deduction;
• must pay separated employees all wages due by the next regular payday which may not exceed 30 days;
• may not retaliate against employees who have asserted their rights under this law.

Enforce Your Rights!

File a Complaint

• To enforce your right under the SC Payment of Wages Act, file a complaint with the SC Department of Labor, Licensing, and Regulation. The complaint is available online at http://www.llr.sc.gov.
• To enforce your rights under the FLSA, file a complaint with the US Department of Labor over the phone at 1-866-487-9243.

File a Lawsuit

• You may recover up to 3 times what you are owed under the SC Payment of Wages Act. The lawsuit must be filed within 3 years of when you were deprived of wages.
• You may recover up to 2 times what you are owed under the FLSA. The lawsuit must be brought within 2 years of when you were deprived of wages, or within 3 years if the employer's violation was intentional.