How to Hire a New Employee in South Carolina (2026)
Reviewed by DocDraft Legal Team · South Carolina · Last updated 2026-05-18
Hiring a new employee in South Carolina runs on a stack of state-specific rules layered on top of federal employment law. In South Carolina, $7.25 per hour (federal FLSA floor; South Carolina has no state minimum wage law). The statutory anchor is wage statute. S.C. Code section 6-1-130. New-hire reporting under federal PRWORA goes to the state agency with the report due within 20 days of start date. This guide walks the South Carolina-specific items: minimum wage, new-hire reporting, unemployment-insurance registration, workers' compensation coverage, E-Verify posture, and the at-will doctrine as South Carolina courts apply it.
Key Considerations
South Carolina runs two parallel registrations once a hire is made. The new-hire report goes Within 20 days of start date The state unemployment insurance registration runs
The South Carolina minimum wage is the threshold every hire-side calculation starts from. $7.25 per hour (federal FLSA floor; South Carolina has no state minimum wage law). The statutory hook is No South Carolina state minimum-wage statute. S.C. Code section 6-1-130 prohibits local minimum-wage ordinances.
Three risk-side rules round out the South Carolina compliance picture. Workers' compensation coverage: 4 E-Verify posture: All private employers who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must register and participate in the E-Verify federal work authorization program, or its successor, to verify the work authorization of every new employee within three business days after employing a new employee. At-will employment posture: South Carolina is an at-will state, which means that employees may be terminated for any reason, a good reason, a bad reason, or no reason.
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Relevant Documents
A South Carolina employer handles a layered document stack at hire. Federal layer: Form I-9 and Form W-4. State layer: any South Carolina withholding addendum tied to the state revenue agency, the South Carolina new-hire report (Within 20 days of start date), and workers' compensation enrollment paperwork (4). The state minimum-wage anchor is No South Carolina state minimum-wage statute. S.C. Code section 6-1-130 prohibits local minimum-wage ordinances.
Employee Handbook
A comprehensive document outlining company policies, procedures, work rules, benefits, and expectations. Provides important information to new employees and serves as a reference for all staff.
Employment Application Form
A standardized form for collecting information from job applicants including work history, education, skills, and references. This helps employers make informed hiring decisions and serves as documentation of the hiring process.
Employment Contract
A comprehensive legal agreement between employer and employee detailing all terms and conditions of employment including duties, compensation, benefits, termination procedures, and confidentiality requirements.
Employment Offer Letter
A formal document outlining the terms of employment including position, salary, benefits, start date, and other conditions. This establishes clear expectations and serves as evidence of the employment agreement.
Non-Compete Agreement
A contract that restricts an employee from working for competitors or starting a competing business for a specified period after employment ends. Enforceability varies significantly by state.
Non-Disclosure Agreement
Protects your confidential information, trade secrets, and intellectual property that you may need to share with the manufacturer during the course of your relationship. This should be signed before detailed discussions begin.
Relevant Laws
South Carolina Payment of Wages Law
Employers must notify employees in writing at the time of hiring of the normal hours and wages agreed upon, the time and place of payment, and the deductions to be made from wages. Any changes require written notification at least seven calendar days before they take effect.
South Carolina Human Affairs Law
Prohibits employment discrimination based on race, religion, color, sex, age, national origin, or disability. Employers with 15 or more employees must comply with this law when making hiring decisions.
South Carolina E-Verify Requirement
All employers in South Carolina must verify the legal status of new employees through the federal E-Verify program within three business days of hiring. Failure to comply can result in probation, suspension or revocation of business licenses.
South Carolina Right-to-Work Law
Prohibits requiring employees to join a union as a condition of employment. When hiring, employers cannot discriminate based on union membership or non-membership.
South Carolina Child Labor Laws
Restricts employment of minors under 18 in certain occupations and limits working hours for those under 16. Employers must obtain employment certificates for minors under 16 before hiring.
Federal Fair Labor Standards Act (FLSA)
Sets minimum wage, overtime pay, recordkeeping, and youth employment standards that apply in South Carolina. Employers must classify new hires correctly as either exempt or non-exempt employees.
Federal Immigration Reform and Control Act
Requires employers to verify the identity and employment eligibility of all employees by completing Form I-9 within three business days of the date of hire.
Regional Variances
Major Metropolitan Areas
Charleston has additional local ordinances that affect employers, including a more stringent background check process for businesses operating in the historic district. Employers must also comply with the Charleston Living Wage ordinance for any business contracting with the city.
As the state capital, Columbia has specific requirements for businesses hiring state government contractors. Employers must also verify compliance with the city's Fair Chance Hiring ordinance, which restricts when criminal history inquiries can be made during the hiring process.
Greenville has implemented additional requirements for employers in the technology and manufacturing sectors, including specialized reporting for new hires. The city also offers tax incentives for businesses that hire local residents, which requires additional documentation during the onboarding process.
Coastal Regions
Hilton Head has seasonal employment regulations that affect hiring practices, particularly for tourism and hospitality industries. Employers must comply with additional verification requirements for seasonal workers and specific wage reporting for hospitality staff.
Myrtle Beach has implemented tourism-specific employment regulations that include additional reporting requirements for seasonal workers. Employers in the hospitality industry must also comply with special local tax withholding procedures and provide specific disclosures to seasonal employees.
Manufacturing Hubs
Spartanburg County has specific requirements for manufacturing employers, including additional safety training documentation for new hires. The county also offers incentive programs for hiring local workers, which requires special documentation during the onboarding process.
York County has implemented specific regulations for employers near the North Carolina border, including additional tax documentation for employees who live in one state but work in the other. Employers must also comply with county-specific reporting requirements for new hires in manufacturing and distribution sectors.
Suggested Compliance Checklist
Transmit the PRWORA new-hire record
On hire days after startingThe cadence rule is Within 20 days of start date
Set up state UI tax registration
Before first payroll days after startingIn South Carolina this runs
File Form I-9 for the new hire on day one of work (employee section) and within 3 business days for the employer section
Before first hire days after startingRetention rule: 3 years after hire or 1 year after termination, whichever is later.
Decide on workers' compensation coverage
On hire days after startingThe South Carolina rule: 4
Run withholding setup at hire
On hire days after startingFederal Form W-4 is required for every employee. The South Carolina state withholding addendum (where the state operates a separate income-tax withholding regime) is required in addition.
Set the work-authorization verification process
Before hire days after startingIn South Carolina: All private employers who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must register and participate in the E-Verify federal work authorization program, or its successor, to verify the work authorization of every new employee within three business days after employing a new employee.
Compile the workplace-poster set required in South Carolina
Before first hire days after startingLLR Workplace poster, which includes OSHA (Occupational Safety and Health) and the Labor Law Abstract (Payment of Wages and Child Labor); Right-to-Work poster
Set the at-will employment representation in writing
Before hire days after startingSouth Carolina posture: South Carolina is an at-will state, which means that employees may be terminated for any reason, a good reason, a bad reason, or no reason.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Transmit the PRWORA new-hire record | The cadence rule is Within 20 days of start date | - | On hire |
| Set up state UI tax registration | In South Carolina this runs | - | Before first payroll |
| File Form I-9 for the new hire on day one of work (employee section) and within 3 business days for the employer section | Retention rule: 3 years after hire or 1 year after termination, whichever is later. | - | Before first hire |
| Decide on workers' compensation coverage | The South Carolina rule: 4 | - | On hire |
| Run withholding setup at hire | Federal Form W-4 is required for every employee. The South Carolina state withholding addendum (where the state operates a separate income-tax withholding regime) is required in addition. | - | On hire |
| Set the work-authorization verification process | In South Carolina: All private employers who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must register and participate in the E-Verify federal work authorization program, or its successor, to verify the work authorization of every new employee within three business days after employing a new employee. | - | Before hire |
| Compile the workplace-poster set required in South Carolina | LLR Workplace poster, which includes OSHA (Occupational Safety and Health) and the Labor Law Abstract (Payment of Wages and Child Labor); Right-to-Work poster | - | Before first hire |
| Set the at-will employment representation in writing | South Carolina posture: South Carolina is an at-will state, which means that employees may be terminated for any reason, a good reason, a bad reason, or no reason. | employment-offer-letter | Before hire |
Frequently Asked Questions
South Carolina requires the new-hire report to be filed Within 20 days of start date. The federal anchor for the report itself is the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996.
In South Carolina, the E-Verify posture for private employers is: All private employers who are required by federal law to complete and maintain federal employment eligibility verification forms or documents must register and participate in the E-Verify federal work authorization program, or its successor, to verify the work authorization of every new employee within three business days after employing a new employee. Federal contractors with a FAR E-Verify clause must still use E-Verify regardless of state law.
$7.25 per hour (federal FLSA floor; South Carolina has no state minimum wage law). The statutory anchor is No South Carolina state minimum-wage statute. S.C. Code section 6-1-130 prohibits local minimum-wage ordinances.
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