Domestic Worker Rights in South Carolina: Nannies, Housekeepers & Home Aides

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 206 et seq., sets the federal minimum wage at $7.25 per hour and requires overtime pay at 1.5 times the regular rate for hours worked over 40 per week. Under the FLSA, domestic workers are generally covered, but only if they meet the threshold of earning $1,700 or more per calendar year from a single employer. The threshold increased to $1,700 in 2024. This means part-time or sporadic domestic work may fall outside federal minimum wage coverage.

The FLSA applies nationwide and is enforced by the U.S. Department of Labor Wage and Hour Division. Covered domestic workers may recover unpaid wages, liquidated damages (equal to unpaid wages), and reasonable attorney fees and court costs if they file suit. The statute of limitations is three years for willful violations or two years for non-willful violations. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and other federal anti-discrimination laws protect domestic workers from discrimination based on race, color, religion, sex, or national origin, as well as age discrimination under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., provided the employer has 20 or more employees (for ADEA, 50 for ADEA's coverage rule). The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, applies to employers with 15 or more employees and protects domestic workers from discrimination based on disability.

South Carolina Code section 41-8-10 and related provisions (S.C. Code § 41-1-10 et seq.) establish South Carolina's wage and hour law, which is notably weaker than federal protections for domestic workers. South Carolina exempts from its minimum wage requirement any employee engaged in domestic service, including household workers, cooks, housekeepers, and similar positions. This exemption is broader than the federal approach: while federal law covers domestic workers earning $1,700+ annually from one employer, South Carolina law does not require state minimum wage ($7.25, aligned with federal) or overtime protections for domestic workers at all.

However, South Carolina recognizes that federal minimum wage still applies to domestic workers who meet the FLSA's $1,700 annual earnings test. This creates a patchwork: a domestic worker paid less than federal minimum wage but earning under $1,700 per year has no state recourse in South Carolina, only federal FLSA claims. Those earning $1,700+ annually from a single employer can pursue federal minimum wage claims even if the employer is small.

South Carolina Code section 40-1-10 et seq. prohibits employment discrimination based on race, color, religion, sex, national origin, age (40+), disability, genetic information, and status as a veteran. These protections apply to all employers with three or more employees, a lower threshold than federal law (EEOC covers employers with 15+ employees). This means domestic workers have stronger state anti-discrimination protection than they would rely solely on federal Title VII. A domestic worker employed by a family business with only 3–4 employees can file a state discrimination complaint but might lack federal EEOC coverage.

South Carolina also applies general workplace harassment and hostile work environment standards to all employees, including domestic workers. The South Carolina Human Affairs Commission enforces these statutes. Remedies under state law include back pay, front pay, compensatory damages for emotional distress and humiliation, punitive damages (up to three times compensatory damages in intentional discrimination cases), and reasonable attorney fees and costs. The filing deadline is 300 days from the unlawful act (S.C. Code § 40-1-190).

South Carolina Code section 41-8-10 creates a categorical exemption for domestic service workers from the state's minimum wage and overtime requirements. This exemption applies regardless of the number of hours worked, the employer's size, or the worker's status as full-time or part-time. No state-level wage claim remedy exists for a domestic worker earning under $1,700 annually.

Live-in domestic workers may have ambiguity regarding what constitutes compensable "hours worked" under federal law; time spent on-call or in the employer's home but not actively performing duties may not count as working time, depending on the circumstances and federal regulations (29 C.F.R. § 516.2). This can reduce a live-in worker's calculated wages if the employer argues that sleep time or on-call time should not be compensated.

South Carolina's three-employee threshold for anti-discrimination claims does not apply to federal Title VII claims, which require 15 employees. A domestic worker employed by a household with 3–5 employees can sue in state court under S.C. Code § 40-1-10 but cannot file an EEOC complaint for federal Title VII coverage. Additionally, independent contractors are not protected under either state or federal employment law; a domestic worker classified as an independent contractor (self-employed, setting their own hours, providing their own equipment) falls outside these protections entirely.

Federal law also exempts certain categories: workers under 18 (different minimum wage rules apply), learners, apprentices, and workers with disabilities may be paid subminimum wages under 29 U.S.C. § 214 if the employer holds a certificate. South Carolina has no additional carve-outs. Collective bargaining agreements may override statutory minimums (though rare in domestic service), and live-in workers may receive board, lodging, and meals as part of compensation, which must be credited at fair market value or minimum value as set by the U.S. Department of Labor.

Step 1: Document All Work and Pay. Create a detailed log starting immediately: record the date, time worked (start and end), tasks performed, and payment received. Note whether you were promised a specific wage, written or verbal. Keep any texts, emails, or written agreements from your employer. If you live in the employer's home, document the conditions, including whether you were required to remain on-call or sleep in a specific location. Photograph paystubs, if provided. If paid in cash, ask the employer for a receipt or note the amount, date, and method in your own log. This documentation is critical because you will need to prove hours, wages, and the employer's identity if you file a claim.

Step 2: Attempt Internal Resolution (Optional but Recommended). Before filing a formal complaint, consider speaking directly with your employer to request payment of any unpaid wages or address wage theft. Send an email or text message requesting the unpaid amount and explaining the calculation based on hours worked and the agreed-upon rate. Keep a copy of this communication. Many employers are not intentionally violating the law; clarification may resolve the issue without legal involvement. If the employer refuses, makes excuses, or the relationship has already broken down, proceed to Step 3. Document the employer's response.

Step 3: File a Wage Claim with South Carolina Department of Labor, Licensing and Regulation (SCDHLLR) or Federal FLSA Claim. For South Carolina state wage claims, contact the Wage and Hour Section of SCDHLLR at P.O. Box 11329, Columbia, SC 29211, or phone (803) 896-4300, or visit https://dol.sc.gov/workers-and-job-seekers. Bring or send your documentation: your log of hours and wages, pay stubs, employment agreement, and any communications with the employer. The filing deadline is determined by state law (typically within 3 years of the violation). Explain the violation clearly: unpaid minimum wage, missing payments, or promised wages not paid.

For federal FLSA claims (if you earned $1,700+ in a year from this employer), you can file a Wage and Hour Division complaint at the U.S. Department of Labor online at https://www.dol.gov/wecanhelp or call 1-866-4-USDOL (1-866-487-3652). You may also file in federal court directly with an attorney, starting a private lawsuit under 29 U.S.C. § 216. The federal statute of limitations is 3 years for willful violations, 2 years for non-willful violations. Provide the same documentation: hours log, wage agreement, and payments received.

Step 4: Agency Investigation Process. After filing, SCDHLLR or the DOL Wage and Hour Division will contact your employer for their records. The investigation typically takes 30–90 days. The agency will compare your claim against the employer's records (payroll, time sheets, payment records). You may be asked for additional clarification or documentation. The employer will be given a chance to respond. If the agency finds a violation, they will issue a citation and calculate back pay owed. If the employer does not comply with the citation, enforcement may proceed to court or wage garnishment.

For discrimination claims under South Carolina Code § 40-1-10 (race, color, religion, sex, national origin, age, disability), file a complaint with the South Carolina Human Affairs Commission (SCHAC) online at https://schac.sc.gov or by mail at 2611 Forest Drive, Suite 100, Columbia, SC 29204, or phone (803) 737-7800. The deadline is 300 days from the date of the alleged violation. SCHAC will investigate, determine probable cause, and attempt conciliation. If conciliation fails, you may request a hearing before an administrative law judge or pursue litigation in civil court.

Step 5: Consult an Attorney. If the wage claim exceeds $1,000, the employer disputes the claim, or if you face retaliation (being fired after filing), consult an employment attorney. In South Carolina, many employment attorneys work on contingency for wage theft cases, meaning you pay no upfront fee; the attorney is paid from your recovery. Look for an attorney licensed in South Carolina who specializes in wage and hour law or employment discrimination. The South Carolina Bar Association can provide referrals at https://www.scbar.org. An attorney can file a civil lawsuit in state court (Circuit Court) or federal court (U.S. District Court, District of South Carolina) for unpaid wages, penalties, liquidated damages (doubled recovery under FLSA), and attorney fees.