South Carolina’s Lawyer for Unpaid Wages and Commissions

Most people assume that if an employer refuses to pay them, there isn’t much they can do about it. That’s simply not true.
Both South Carolina law and federal law require employers to pay employees the wages they have earned. When employers fail to do so, employees may have the right to recover those unpaid wages and, in many cases, additional damages and attorney’s fees.

Not every dispute over pay is illegal. Sometimes there is a genuine disagreement over whether a commission had been earned, whether an employee was exempt from overtime, or whether a bonus was discretionary. Other times, however, employers simply refuse to pay wages that are clearly owed. Those are the situations where the law may provide a remedy. [Read more: Recovering Unpaid Wages in South Carolina]

What Counts as Unpaid Wages?

Many people think unpaid wages means missing a paycheck. In reality, wage claims arise in a variety of situations.

You may have a claim if your employer refuses to pay earned commissions after you leave the company, fails to pay overtime, requires you to work off the clock, withholds your final paycheck, or refuses to pay bonuses that were promised under your compensation agreement. [Read more: Recovering Unpaid Commissions in South Carolina] Even accrued PTO/vacation time could be classified as wages in certain circumstances. [Read more: PTO/Vacation Payouts for SC Employees]

I’ve also spoken with employees whose employers began making deductions from their paychecks that were never authorized or changed compensation plans after work had already been performed. Whether those actions violate the law depends on the specific facts, but they are certainly worth having reviewed.

South Carolina’s Payment of Wages Act

South Carolina has its own law protecting employees from wage theft. The South Carolina Payment of Wages Act requires employers to notify employees of the wages they will be paid and generally requires them to honor those agreements.

One feature of the statute that surprises many employees is that it allows successful plaintiffs, in appropriate cases, to recover up to three times the amount of unpaid wages, along with attorney’s fees and costs. [Read more: Treble Damages for SC Wage Payment Claims] That means a claim involving only a few thousand dollars in unpaid wages can become much more significant.

Of course, not every violation results in treble damages. Whether those enhanced damages are available depends on the facts of the case. An employee must prove that there was no genuine good faith dispute over whether the wages were owed or not, in order to recover treble damages and attorney’s fees.

Overtime Claims

Some unpaid wage claims arise under federal law instead of South Carolina law.

The Fair Labor Standards Act requires most employers to pay overtime when non-exempt employees work more than forty hours in a workweek. One of the most common misconceptions I hear is, “I’m salaried, so I don’t get overtime.”

That’s not necessarily true.

Whether you’re entitled to overtime depends on much more than whether you receive a salary. Your actual job duties matter, and employers sometimes misclassify employees as exempt when they should have been receiving overtime all along. [Read more: Does Your Employer Owe You Unpaid Overtime?]

Final Paychecks and Commissions

Employees are often surprised to learn that employers cannot simply decide not to pay a final paycheck because they’re upset an employee resigned or because the employment relationship ended badly.

Commission disputes can be even more complicated. Employers sometimes argue that a commission wasn’t “earned” before an employee left the company, while the employee believes the work had already been completed. The answer usually depends on the compensation agreement and the surrounding facts. [Read more: Recovering Unpaid Commissions in South Carolina]

These cases are often much more fact-specific than people expect.

Do You Have a Wage Claim?

The fact that your employer says you aren’t owed the money does not necessarily mean they’re correct.

If your employer has failed to pay wages you believe you’ve earned, it’s often worth speaking with an employment lawyer before assuming you have no recourse. A relatively short review of your employment agreement, compensation plan, pay records, and the circumstances surrounding your claim can often determine whether South Carolina or federal law provides a remedy. Please contact our office at (864) 278-5389 or via our Contact Us page.