Under both federal and South Carolina labor laws, a worker who has not been paid the wages they are owed by their employer may bring a legal action to recover their unpaid wages. Workers in South Carolina have a right to receive fair wages that are paid promptly and accurately under both the federal Fair Labor Standards Act (FLSA) and the South Carolina labor law.
Employers in South Carolina are not required by law to provide their employees with paid vacation time, sick leave, or breaks. However, if they do offer these benefits, they are required to put it in writing. So, if an employer were to promise these benefits and then fail to provide them, e.g., by failing to pay an employee for their promised paid time-off, an employee could sue the employer for breach of contract.
Federal and state paycheck laws give workers a number of ways in which to recover wages they are owed by their employer, as follows:
- A Federal Claim for Unpaid Wages: A worker may submit a claim for unpaid wages to the Wage and Hour Division of the federal U.S. Department of Labor. A claim might involve hourly wages as well as unpaid overtime pay to which they are entitled under federal wage laws.
- Lawsuit in Small Claims Court or Other South Carolina Civil Court: If a person is owed $7,500 or less, they may file an unpaid wages lawsuit under both the FLSA and South Carolina law in a South Carolina small claims court. If they are owed more than $7,500, they may file a lawsuit against their employer in other state courts or possibly in federal court.
- South Carolina Wage Claim: A person may also file a claim with the South Carolina Department of Labor (DOL) for unpaid hourly wages. However, even if the DOL finds that the employer does indeed owe their employee unpaid wages, the DOL cannot make them pay the employee what they are owed.
- Union Grievance Procedure: Workers who are members of labor unions have protections in their union contracts. A union collective bargaining agreement sets the wages and benefits for jobs covered by the contract.
- So, if a person is a union member and they are not paid or are not paid per the rates set in the contract, they may file a grievance through their union representative. A union’s contract also sets its grievance procedure, so they would want to consult their union representative before taking any other action.
If an employer has filed for bankruptcy, then the person may need to file a wage claim in bankruptcy court. Bankruptcy is a process that has its own court and procedures, so an employee who has to turn to bankruptcy court may want to talk to a bankruptcy lawyer.
A local South Carolina lawyer would be able to explain how an employee may recover their unpaid wages, plus interest and additional damages. The employee may also recover their attorney’s fees and court costs.
What Should I Do if My Employer Has Not Paid Me?
If an employer fails to pay an employee, the employee may recover the full amount of money they are owed in a claim or lawsuit, as explained above.
They may file a claim with the federal Department of Labor, a claim with the South Carolina Department of Labor, a lawsuit in a South Carolina civil court, or pursue a union grievance procedure.
It is important to keep in mind that there are time limits for filing a claim with state and federal agencies and for filing a lawsuit in court as well. The time limits may be different between agencies for the same violation. The time limits for claims may be different for federal and state agencies and lawsuits in court.
If a claim or lawsuit is not filed before the time limit is reached, a person may lose their right to file their claim or lawsuit. So, they do not want to delay filing their claim and should act promptly to make their claim under the employment laws in South Carolina.
How Do I File an Unpaid Wages Complaint?
Anyone who has not been paid the wages or other benefits they are owed by their employer may file a back wage claim form with the Wage and Hour Division of the federal Department of Labor. The Division processes the claim and recovers the unpaid wages for the employee. Or they may file a claim with the South Carolina Department of Labor.
An employee may also file an unpaid wages lawsuit in a South Carolina civil court. As noted above, they would choose the right court depending on the amount of money they seek to recover.
How Much Can I Sue for Unpaid Wages?
Under South Carolina law, in a claim submitted to the South Carolina DOL to recover unpaid wages, employees may recover all unpaid wages owed to them. However, as noted above, even if the South Carolina DOL finds that an employer does owe unpaid wages to their employee, the DOL cannot force the employer to pay what it owes.
A worker may also sue their employer in a South Carolina civil court. South Carolina law provides that if the employee sues the employer in a civil court, the employee may recover their unpaid wages and also 3 times the amount of their unpaid wages as damages plus attorney’s fees and costs. A civil lawsuit to recover unpaid wages must be filed within 3 years of the date when the wages were due to be paid.
In addition, per South Carolina law, the agents and officers of a company who knowingly allow their corporation to violate the South Carolina Payment of Wages Act may be personally liable to the employee for any amount of wages that are owed but have not been paid.
Because of this, if a company goes out of business, the employee may be able to recover the unpaid wages, damages, and attorney’s fees directly from an officer or agent of the company that employed them.
Under the federal Fair Labor Standards Act (FLSA), an individual is entitled to be paid the highest minimum wage that applies where they work, whether it is local, state, or federal. South Carolina does not have a state minimum wage law, so the minimum wage in South Carolina is the federal minimum wage, which is $7.25 per hour.
Federal law also has overtime rules, which would apply in South Carolina. Employees who work more than 40 hours in a single workweek must be paid overtime. When a person figures out how much their employer owes them in back pay, they want to calculate how much they were paid, if anything, and what they should have been paid. They would then multiply that amount by the number of hours for which they should be paid.
If they are a union member, as noted above, they want to start by talking to their union representative.
What Are the Legal Consequences and Remedies for Unpaid Wages?
Of course, the amount one can recover depends on how much their employer owes them. Generally speaking, they can recover the full amount of wages they are owed and possibly damages of 3 times that amount plus interest, attorney’s fees, and costs.
Other penalties might be owed by the employer depending on state or federal law. A lawyer would be able to help determine exactly how much they may have a right to recover.
How Can I Prove an Unpaid Wages Claim?
In a lawsuit for unpaid wages that seeks the payment of overtime or wages that were less than the minimum wage, a worker may be able to recover the following:
- The full amount of unpaid wages and benefits they are owed
- Interest on the full amount of unpaid wages and benefits
- Reasonable attorney’s fees and court costs.
As noted above, in some cases, in a lawsuit based on South Carolina law, an employee may be able to recover 3 times the amount of their unpaid wages as damages as well as attorney’s fees and costs.
To prove their case, an employee should keep track of any written agreement they have with their employer that states the terms and conditions of their employment, including the pay they should earn.
In addition, an employee needs to keep track of the time at which they begin and stop work every day. They should also make note of their meal and rest breaks and the total hours they work.
If a person is paid by contract or piece rate, they should still earn at least the minimum wage for each hour they work, so they want to keep track of the amount of time they spend on each contract or piece. A person should also keep every last pay stub they get from their employer. An employer should give an employee a pay stub or wage statement every time they are paid.
The pay stub or wage statement should state the employee’s name, wages earned, dates of the pay period, and their employer’s name, address, and telephone number. It should also show any deductions that were made for taxes or wage garnishments and the hours of sick leave or vacation time accrued, if any.
All of the information and documents listed above should help an employee determine if they have been paid what they are owed. They may also help them with their case if they must file a wage claim.
What Kind of Lawyer Do I Need for Unpaid Wages Claims?
If your employer has not paid you the wages or benefits that you are owed, you want to talk to a South Carolina employment attorney. LegalMatch.com can quickly connect you to an attorney who can analyze your situation and guide you through the process of getting the full amount of money you are owed for the work you have done.
