WAGE AND HOUR DEMAND LETTER
South Carolina Payment of Wages Act and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, South Carolina ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[South Carolina Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and South Carolina Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and the South Carolina Payment of Wages Act, S.C. Code Ann. Section 41-10-10 et seq.
Please direct all further communications regarding this matter to our office.
I. SOUTH CAROLINA-SPECIFIC LEGAL FRAMEWORK
A. South Carolina Minimum Wage
South Carolina does not have a state minimum wage law. The federal minimum wage of $7.25 per hour applies to employees covered by the FLSA. 29 U.S.C. Section 206.
For employers and employees covered by the FLSA, the federal tip credit provisions apply, allowing a cash wage of $2.13 per hour for tipped employees if tips bring them to the minimum wage.
B. Overtime Requirements
South Carolina does not have a state overtime law. The FLSA overtime requirements apply to covered employees: 1.5 times the regular rate for all hours worked over 40 in a workweek. 29 U.S.C. Section 207.
C. Meal and Rest Break Requirements
South Carolina law does not mandate meal or rest breaks for adult employees. Federal law applies - if breaks under 20 minutes are provided, they must be compensated. 29 C.F.R. Section 785.18.
D. Wage Payment Requirements
Under the South Carolina Payment of Wages Act:
- Regular Pay Periods: Employers must notify employees of wages and pay periods at time of hire and must pay wages on regular paydays. S.C. Code Ann. Section 41-10-30.
- Termination: All wages due must be paid within 48 hours of termination or the next regular payday, whichever occurs first (not to exceed 30 days). S.C. Code Ann. Section 41-10-50.
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| South Carolina Payment of Wages Act | 3 years | S.C. Code Ann. Section 41-10-80 |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (100%). 29 U.S.C. Section 216(b).
South Carolina Payment of Wages Act Penalties: Under S.C. Code Ann. Section 41-10-80(C), employees may recover:
- The unpaid wages; plus
- Treble damages (3x the amount of unpaid wages); plus
- Attorney's fees and costs.
This makes South Carolina a strong jurisdiction for wage payment violations.
G. Attorney's Fees
Both the FLSA and South Carolina law provide for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b); S.C. Code Ann. Section 41-10-80(C).
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and South Carolina wage and hour laws by:
- [ ] Failing to pay the federal minimum wage of $7.25 per hour
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay all wages due within 48 hours of termination or by the next payday
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. South Carolina Payment of Wages Act Violations
[Company Short Name] violated the South Carolina Payment of Wages Act by:
- [ ] Failing to pay wages on regular paydays as agreed. S.C. Code Ann. Section 41-10-30.
- [ ] Failing to pay all wages due within 48 hours of termination. S.C. Code Ann. Section 41-10-50.
- [ ] Making deductions not authorized by law or written agreement. S.C. Code Ann. Section 41-10-40.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Unauthorized Deductions | [Description] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. FLSA Liquidated Damages (for overtime/minimum wage)
Liquidated damages equal to unpaid wages (100%): $[Amount]
C. South Carolina Treble Damages (for wage payment violations)
Treble damages (3x unpaid wages) under S.C. Code Ann. Section 41-10-80(C): $[Amount]
D. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| FLSA Liquidated Damages (100%) | $[Amount] |
| SC Treble Damages (3x for wage payment) | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand represents a significant discount from our client's full exposure at trial, where treble damages are available under the South Carolina Payment of Wages Act.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the South Carolina Court of Common Pleas, [County] County, or United States District Court for the District of South Carolina.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and South Carolina Rule of Evidence 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[South Carolina Bar No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)