Procedures

South Carolina minimum wage and worker rights for immigrants

Minimum wage in South Carolina ($7.25 (federal)). Labor rights for undocumented workers (yes they have them), where to report abuse, OSHA, Department of Labor.

Flag: Design by South Carolina General Assembly, SVG by Steve Hall · Public domain · via Wikimedia Commons

South Carolina minimum wage and worker rights

South Carolina at a glance

South Carolina is home to about 293,556 foreign-born residents (5.6% of the state’s 5,212,774 people) and 368,900 residents of Hispanic or Latino origin (7.1%), per the U.S. Census Bureau’s American Community Survey (2023 5-year estimates). The procedures below apply to everyone in South Carolina regardless of immigration status unless noted.

Minimum wage in South Carolina (official DOL data)

Official source: Department of Labor — State Minimum Wage Laws

DOL updated: January 1, 2026 · Verified on: 2026-05-25

South Carolina has NO state minimum wage law. Employers covered by the federal Fair Labor Standards Act (FLSA) must pay the federal minimum wage of $7.25 per hour.

Federal Fair Labor Standards Act (FLSA)

Federal minimum wage is $7.25/hour (unchanged since 2009). Applies to FLSA-covered employers when state wage is lower or non-existent.

2025 minimum wage

South Carolina: $7.25 (federal)

Basic worker rights (regardless of immigration status)

Under federal law (FLSA) and South Carolina labor laws:

✅ Minimum wage guaranteed
✅ Overtime pay (1.5× over 40 hours/week)
✅ Pay for all hours worked
✅ Safe work environment (OSHA)
✅ Protection against retaliation for reporting violations
✅ Worker’s compensation access if injured at work (depends on state)

Important: These rights apply to ALL workers in the US, including undocumented persons. Immigration status does NOT remove these rights.

Where to report labor abuses in South Carolina

Department of Labor (DOL) — federal

Wage and Hour Division (WHD): dol.gov/agencies/whd
Phone: 1-866-487-9243 (interpreters in many languages)
Does NOT require immigration status verification
Can report anonymously

South Carolina Department of Labor

Search “South Carolina Department of Labor” or “Labor Commissioner”.

OSHA (occupational safety)

Federal OSHA: osha.gov/complaint
Report unsafe environments, unreported accidents, lack of protective equipment

Worker’s Compensation in South Carolina

If injured at work in South Carolina, you have worker’s compensation rights regardless of immigration status. Covers: medical expenses, lost wage pay, permanent disability (if applicable).

Important: Worker’s comp does NOT affect your immigration status. It’s illegal for employer to fire you for filing worker’s comp claim.

ITIN for work

If you earn income in South Carolina and need to file taxes but don’t have SSN, use ITIN.

Last verified: 2026-05-25.

General procedural information for educational purposes. Not legal, tax, or immigration advice. Laws and fees change — verify with the issuing agency before taking action. For case-specific guidance, consult a licensed immigration attorney or other appropriate professional.

USCIS Form I-765 — Employment Authorization (EAD) — required for non-citizen work
Form I-9 — Employment Eligibility Verification — what your employer must verify
Workplace rights regardless of immigration status — wage theft, OSHA, anti-retaliation
ITIN for tax filing without SSN — required if working under ITIN
Find an immigration attorney — for wage-and-hour or employment discrimination cases

Frequently asked questions

Do undocumented workers have labor rights in South Carolina?

YES. Regardless of immigration status, all workers in South Carolina have rights to: minimum wage, overtime pay (1.5× over 40h/week), safe environment (OSHA), and protection against retaliation for reporting violations. Federal law guarantees these rights and they apply regardless of status.

What is South Carolina's minimum wage in 2025?

South Carolina’s minimum wage is $7.25 (federal) in 2025. Sin mínimo estatal — aplica federal

Can my employer pay me less than minimum if I'm undocumented?

NO. Paying less than minimum wage is ILLEGAL regardless of immigration status. If your employer does this, you can report to Department of Labor (DOL) anonymously. DOL does NOT share information about immigration status.

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General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.