South Carolina Employee Time Report (Nonexempt)
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FAQ
Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.
Non-exempt & Exempt Employees. Exemptions from both minimum wage and overtime pay requirements of the Fair Labor Standards Act are for any employee in a bona fide executive, administrative or professional position. All other employees shall be non-exempt.
July 11, 2019. LIKE SAVE PRINT EMAIL. The designation of an employee as "salaried, nonexempt" means that the employer has designated an employee as nonexempt from the federal Fair Labor Standards Act (FLSA), and chooses to pay a weekly salary that equates to at least minimum wage for all hours worked.
There is no requirement under South Carolina law for an employer to provide employees with breaks or a lunch period.
South Carolina law doesn't prohibit employers from requiring employees to work overtime; however, employees who do so must be paid time-and-a-half the regular rate of pay for hours that exceed 40 in a workweek.
The law requires employers to: Provide schedules at least 14 days in advance, posted in a conspicuous place, including on-call shifts. Pay employees a penalty for shift changes without notice, with various rates depending on the type of violation.
Exempt employees are not subject to the minimum wage, overtime or record keeping requirements of the law, whereas non-exempt employees are subject to these requirements of the Fair Labor Standards Act (FLSA).
In South Carolina, workers have the right to organize and the right to designate representatives of their own choosing to negotiate the terms and conditions of employment. No employer may discharge or discriminate in the payment of wages against any person because of his or her membership in a labor organization.
Like some other states, South Carolina does not have its own overtime laws. Therefore, the state follows the federal Fair Labor and Standards Act (FLSA), which requires employers pay employees time and a half (1.5 times an employee's normal rate of pay) for hours worked in excess of 40 hours per week.
Although non-exempt salaried workers generally receive a standard weekly, bi-weekly or monthly paycheck the total amount of wages they earn during a pay period must equal at least $7.25 an hour. For example, non-exempt salaried employees who work 40 hours a week must receive at least $290 a week.
