Deductions from wages - South Carolina

Summary of difference between federal and state regulations

Federal regulations restrict the types of deductions that can be made from an employee’s wages or salary. Deductions can be made in certain cases, but the legality often depends on the nature and purpose of the deductions, as well as the status of the employee as exempt or non-exempt.

Under South Carolina law, an employer can not withhold or divert any portion of an employee’s wages unless the employer is required or permitted to do so by state or federal law or the employer has given written notification to the employee of the amount and terms of the deductions.

An employer may only deduct for union dues upon the employee’s written authorization, which may be revocable after one year.

State

Contact

South Carolina Department of Labor, Licensing, and Regulation

Regulations

South Carolina Code of Laws Title 41, Chapter 10, §41-10-40, Medium of payment; deposit of wages to employee's credit; prohibition against deductions in absence of written notice; time and place of payment

www.scstatehouse.gov/code/t41c010.php

South Carolina Code of Laws Title 41, Chapter 7, §41-7-40, Deduction of labor organization membership dues from wages

www.scstatehouse.gov/code/t41c007.php

Federal

Contact

Wage and Hour Division

Regulations

For non-exempt employees:

29 CFR Part 531, Wage Payments under The Fair Labor Standards Act of 1938

For exempt employees:

29 CFR Part 541, Subpart G, Salary Requirements