South Carolina Salaried Employee Appraisal Guidelines - Employee Specific
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FAQ
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.
Under federal overtime law and Texas overtime law, salaried employees must receive overtime pay for hours worked over 40 in any workweek unless two specific requirements are met: (1) the salary exceeds $455 per workweek; and (2) the employee performs duties satisfying one of the narrowly-defined FLSA overtime
A salaried employee (considered an exempt employee) is someone who receives a fixed amount of pay (salary) regardless of how many hours they work each week. This means a salaried employee is paid for 40 hours a week, even if they work fewer hours.
The federal law doesn't restrict how many hours you can be required to work in a day, although some state laws do. Hourly employees and non-exempt salaried employees must be paid overtime if they work more than 40 hours in a week. A week is defined as a fixed time period of 168 hours, or seven consecutive 24-hour days.
A couple of states have different rules, intended to make sure that customers know whether their money is going to the employer or the server. However, South Carolina isn't one of them. South Carolina doesn't prohibit employers from keeping all or part of any mandatory service charge added to a bill.
Mandatory gratuities, banquet service charges, or other tips where the customer is required to pay, are subject to all sales taxes.
Remember, at most restaurants in South Carolina, servers make only $2.13 an hour. So, even if your service isn't great, you should be tipping something (at a minimum, 10%).
Under federal and South Carolina law, tips belong to the employee. An employer can never take employee tips and keep them for itself. However, an employer may be allowed to take a tip credit to count part of the tips an employee earns towards the employer's obligation to pay the minimum wage.
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.
Minimum Wage 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.