Salary Transparency Laws in South Carolina: What Employers Must Disclose

The National Labor Relations Act (NLRA), 29 U.S.C. § 157, protects employees' right to discuss wages, hours, and other terms and conditions of employment with coworkers. This protection applies to all private employers with at least one employee, regardless of union representation. Employers cannot prohibit wage discussions through confidentiality policies, employment agreements, or disciplinary action. The NLRA does not, however, require employers to disclose salary ranges proactively.

Executive Order 11246, 41 U.S.C. § 4710, requires federal contractors and subcontractors with contracts exceeding $10,000 to include salary ranges in job postings. This rule applies to positions that will be filled in whole or in part by federal contract work. The Executive Order mandates salary transparency and pay equity analysis for federal contractors only, not private employers generally. The EEOC and Department of Labor enforce these contractor requirements. Employees of federal contractors working in covered roles can expect salary information in job postings under this rule.

South Carolina has enacted no state law requiring private employers to disclose salary ranges in job postings or employee compensation to workers. South Carolina Code § 40-1-20 establishes at-will employment as the default rule in the state but contains no salary transparency mandate. The state follows a general rule of employer discretion regarding what compensation information to disclose publicly or internally. However, South Carolina employees retain federal protections: they cannot be disciplined or terminated for discussing wages with coworkers under the NLRA, and employers cannot enforce wage secrecy policies.

South Carolina's lack of a salary transparency law means the state does not impose stronger protections than federal law in this area. Many states (including California, New York, and Colorado) have enacted or adopted salary transparency rules requiring employers to post salary ranges in job postings. South Carolina does not. Employers in South Carolina are not legally required to respond to employee requests for pay information, post salary ranges, or conduct pay equity audits unless they are federal contractors subject to Executive Order 11246.

South Carolina state contractors do not face a salary transparency requirement under state law. Only federal contractors—those receiving contracts from the federal government—must comply with Executive Order 11246 salary disclosure rules. This means a South Carolina state agency contractor or South Carolina private company working on a state project faces no state-level salary transparency obligation. The distinction matters: an employee of a federal contractor in South Carolina should expect salary ranges in job postings; an employee of a state contractor or pure private employer faces no such legal requirement.

South Carolina employers are not covered by any state salary transparency mandate, so there are no state-law exceptions to a rule that does not exist. Federal contractors, however, may have narrow exceptions under Executive Order 11246: internal promotions or transfers may not require posting if the position is not posted externally. Certain security-sensitive federal positions may have exemptions from salary disclosure if classified. Employers may argue that including a salary range in a confidential internal position posting (not made available to the public) satisfies the spirit of transparency while protecting legitimate business interests, though this interpretation is not clearly codified.

Employers in South Carolina cannot legally enforce wage secrecy policies that prohibit employees from discussing compensation with coworkers, under the NLRA. This is a federal exception to employer control over salary information. An employer cannot condition employment or advancement on an employee's agreement not to disclose pay. Employees cannot be terminated, disciplined, or retaliated against for discussing wages with peers. Union and non-union workers both enjoy this protection.

Small employers in South Carolina (those with fewer than 15 employees) are exempt from federal employment discrimination laws including the EEOC's oversight, but they are not exempt from the NLRA's wage discussion protections. No employer size exemption applies to the right to discuss wages. South Carolina's at-will employment doctrine allows employers to terminate employees for many reasons but does not override federal wage discussion rights. An employer cannot use at-will employment as a pretext to fire someone for discussing pay.

Step 1: Document the employer policy or practice. If the employer has a written confidentiality agreement, employee handbook, or policy prohibiting wage discussions, save a copy. Document any instance where you were told not to discuss pay, warned about discussing pay, or disciplined for discussing wages. Note the date, time, who told you, and exactly what was said. Keep records of your own wages, job title, and any pay equity concerns you observe.

Step 2: Understand that South Carolina law does not require the employer to disclose salary ranges to you voluntarily. However, you have the federal right to discuss your own wages with coworkers. If you believe the employer has violated this right—for example, by terminating you for discussing pay—document the circumstances. If you are a federal contractor employee and the employer failed to post salary ranges in a job posting, document the job posting URL and date you reviewed it. Take screenshots or print copies showing the posting did not include salary information.

Step 3: File a charge if you believe your wage discussion rights were violated. Contact the National Labor Relations Board (NLRB) at www.nlrb.gov or call 1-866-667-6572 to file a charge. You have 180 days from the violation to file. Provide your name, the employer's name and address, a description of what happened, and the date. The NLRB will investigate allegations that the employer prohibited wage discussions or retaliated against you for discussing pay. For federal contractor violations of Executive Order 11246, contact the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) at www.dol.gov/agencies/ofccp or call 202-693-0101. Include the job posting URL or documentation that salary ranges were not listed, the federal contract number if known, and the date of the violation.

Step 4: Expect the NLRB or OFCCP to investigate. The NLRB typically contacts the employer for a response and may conduct interviews with you and witnesses. This process usually takes 2-4 months. The OFCCP may conduct a compliance evaluation if a complaint is filed; federal contractor investigations often take longer and are more comprehensive. Both agencies may issue findings or require corrective action. The NLRB can order the employer to cease prohibited conduct, reinstate terminated employees, and pay back wages. The OFCCP can require salary range posting going forward and may initiate compliance reviews.

Step 5: Consult an employment attorney if you were terminated, disciplined, or retaliated against for discussing wages. Contact the South Carolina Employment Lawyers Association or the National Labor Relations Board's charge-filing resources to identify representation. An attorney can advise whether you have a retaliation claim under the NLRA and help you pursue damages. Legal representation is most valuable if the employer's policy explicitly bans wage discussions or if you have evidence of retaliation. Alternatively, contact a legal aid organization in South Carolina if you cannot afford private counsel.