Overtime wages

2025-2026 Bill 4751: Overtime wages - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4751
STATUS INFORMATION
General Bill
Sponsors: Rep. Waters
Document Path: LC-0559WAB26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Labor, Commerce and Industry
Summary: Overtime wages
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Labor, Commerce and Industry

1/13/2026

House

Introduced and read first time (
House Journal-page 77
)

1/13/2026

House

Referred to Committee on
Labor, Commerce and Industry
(
House Journal-page 77
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
41-10-65
SO AS TO REQUIRE OVERTIME PAYMENT FOR ELIGIBLE EMPLOYEES WHO WORK MORE
THAN EIGHT HOURS IN A WORKDAY, TO PROVIDE EXCEPTIONS, AND TO PROHIBIT UNPAID
TRIAL OR BREAK-IN PERIODS.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
C
hapter 10, Title 41 of the S.C. Code is amended by
adding:

S
ection
41-10-65
.
(
A) An employer shall pay
an employee wages for each hour the employee works. No employer may require an
employee to perform work without wages during any trial period, break-in
period, training period, or any similar introductory period.

(
B)
(
1) Except as otherwise provided in
this section, an employer shall pay an employee who is entitled to overtime
compensation under the terms of the employee's work agreement at a rate of not
less than one and one-half times the employee's regular rate of pay for all
hours worked:

(
a)
in excess of eight hours in any workday; or

(
b)
in excess of forty hours in any workweek.

(
2)
By mutual written agreement between employer and employee, the employee may
work a scheduled four-day, ten-hour-per-day work schedule. In such cases,
overtime is owed only for hours worked in excess of the scheduled ten hours in
any workday or in excess of forty hours in a workweek.

(
C) If
an employee is entitled to overtime compensation under federal law, a
collective bargaining agreement, or an employment contract providing greater
benefits than this section, the employer shall comply with the more generous
provision.

(
D)
The overtime requirements of subsection (B) do not apply to:

(
1)
employees exempt from overtime under the Fair Labor Standards Act, including
employees in bona fide executive, administrative, or professional capacities;

(
2)
employees in a retail or service business if their regular rate is more than four
times the minimum wage, and more than half their compensation for a
representative period comes from commissions on goods or services, with the
representative period being, to the extent allowed pursuant to federal law, not
less than one month;

(
3)
employees covered by collective bargaining agreements that expressly establish
different overtime provisions;

(
4)
drivers, drivers' helpers, loaders, and mechanics for motor carriers subject to
the Motor Carrier Act;

(
5)
employees of railroads or air carriers;

(
6)
taxicab or limousine drivers;

(
7)
agricultural employees;

(
8)
employees of a business enterprise having annual gross revenue less than one
million dollars;

(
9)
salespersons or mechanics primarily engaged in selling or servicing
automobiles, trucks, or farm equipment;

(
10)
domestic workers who reside in the employer's household, if both parties agree
in writing to waive the daily overtime requirement;

(
11)
any other category of employee exempt from overtime compensation under federal
law; and

(
12)
any employee statutorily excluded from the provisions of this chapter.

(
E)
For purposes of this section:

(
1)
"Workday" means a fixed, consecutive twenty-four-hour period established by the
employer.

(
2)
"Regular rate of pay" has the same meaning as under the Fair Labor Standards
Act.

(
F)
Nothing in this section limits an employee's rights under federal law or other
provisions of state law providing greater wage protections.

S
ECTION 2. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 2:40 PM