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Sc Labor Laws For Overtime In Suffolk
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Multi-State
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Suffolk
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US-002HB
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FAQ
Most full-time salaried employees work 40-hour weeks. Salaried employees might occasionally work between 45 and 50 hours, depending on the company's needs. Other weeks, they might put in less than 40 hours.
In South Carolina, there is no state-specific law that limits the number of hours an adult employee can work straight in a single day or week.
Maximum hours an exempt employee can be required to work The law does not provide a maximum number of hours that an exempt worker can be required to work during a week. This means that an employer could require an exempt employee to work well beyond 40 hours a week without overtime compensation.
(1) An employer must not request or require an employee to work more than the following number of hours in a week unless the additional hours are reasonable: (a) for a full-time employee—38 hours; or (b) for an employee who is not a full-time employee—the lesser of: (i) 38 hours; and (ii) the employee's ordinary hours ...
It is not legal in the US per OSHA regulations for an employer to work an employee 8 hours without a scheduled break. In fact, the OSHA rules are to be posted in every break room.
However, labeling an employee as part-time does not change the application of FLSA requirements. The IRS, meanwhile, considers a part-time employee to be someone who works less than 30 hours per week or less than 130 hours per month.
As of July 2024, the federal minimum salary threshold for exempt employees is $844 per week ($43,888 per year).
These exempt employees are not subject to the FLSA minimum wage, overtime or record keeping requirements. As such, exempt employees are expected to work as many hours as required to perform the duties of the position.
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Payment of at least one and a half times the regular pay rate for overtime to all eligible, non-exempt employees who work more than 40 hours in a workweek. South Carolina does not have its own overtime laws.Complete a Wage Claim Form: Visit the South Carolina Department of Labor, Licensing, and Regulation website to download and fill out the Wage Complaint form. Overtime in South Carolina is set at 1.5 times the regular hourly rate for workers who work over 40 hours a week. The state of South Carolina has no overtime law of its own. Most workers in South Carolina are entitled to overtime pay when they work more than 40 hours per week. In certain circumstances, however, there are exemptions. FLSA overtime laws apply in Florida: any hours worked over 40 in a week must be paid at oneandonehalf an employee's regular rate. All nonexempt employees in New York are entitled to an overtime wage of time and a half for each hour they work in excess of 40 hours per week. Learn more about South Carolina Overtime Laws.