A South Carolina employment contract establishes an employment relationship between an employer and an employee. It outlines the terms and conditions of employment and details elements such as how much financial compensation the employee will receive, the job responsibilities of the employee, and the duration of employment.
A South Carolina employment contract must have an offer, acceptance, and reasonable consideration. The employee’s wages, normal hours, time and place of payment, and deductions should be included in this contract [1] .
- Laws: Title 41
- Definition of Employee: According to S.C. Code of Laws § 42-1-130, an employee is an individual who’s engaged in employment under any appointment, contract of hire, or apprenticeship, written or oral, implied or expressed.
By Type
Independent Contractor Agreement
Outlines the relationship between a client and an independent contractor.
Subcontractor Agreement
Establishes the collaboration between an independent contractor and a subcontractor.
Non-Compete Agreement
Restricts an employee's ability to share sensitive information with a competing business.
Hiring in South Carolina
Before hiring employees in South Carolina, ensure you know the state labor laws and requirements.
At-Will Employment
South Carolina is an at-will employment state. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: Yes
- Implied Contract: Yes
- Good-Faith Exception: No
Minimum Wage ($/hr)
South Carolina does not have a state minimum wage law. Employees who are covered under the Fair Labor Standards Act must receive the current federal minimum wage of $7.25 per hour [2] . Most employees are eligible to receive overtime pay (time-and-a-half) for every hour they work per week over 40 hours.
Child Labor
For minors to work under South Carolina law, employment certificates are not required.
Age certification is also not required in South Carolina. However, on request, it is required for minors under 18. Age certification is carried out by the South Carolina Department of Labor, Licensing, and Regulation.
Note that children under the age of 14 can’t engage in most forms of work. Some exceptions include the entertainment industry and farm labor at an establishment where their parents are employed [3] .
Payday
South Carolina does not have requirements for how often employees should be paid. However, employers with five or more employees must give written notice at the time of hiring to notify employees of their agreed-upon wages and the time and place of payment, as well as the expected hours of work.
Meal and Rest Breaks
South Carolina does not require minimum paid rest periods or meal periods.
Recordkeeping Requirements
All South Carolina employers must keep records of their employees’ names, addresses, wages, and deductions withheld for at least three years [4] . Other recordkeeping requirements for employers in South Carolina to follow include:
- Unemployment Insurance: 5 years.
- Safety and Health/Workers’ Compensation: Must make the report within 10 days of an injury and provide a supplementary report after 60 days.
Sample
Download a South Carolina employment contract in PDF or Word format below.
