Definition of an Exempt Employee

• According to the FLSA, the exempt status applies only to white-collar employees who meet specific job duty tests and who earn a set salary. As of August 2011, exempt employees must earn $455 or more per week. The employee must perform management or administrative duties that involve supervising others and making important decisions. Employees whose jobs require advanced education or a creative talent may also qualify as exempt. Certain computer workers, outside salespersons and employees earning more than $100,000 annually may be exempt as well. South Carolina does not have a statute defining exempt employees, so employers must use the FLSA definition.
  
  

When Employer Cannot Prorate Salary

• South Carolina employers cannot prorate an exempt employee's salary for absences of less than one day. If the employer closes the business due to lack of work or inclement weather, he cannot prorate an exempt employee's salary unless the closure lasts at least one workweek. The employer cannot prorate a salary because of the amount of work an exempt employee produces or the quality of his work.
  
  

When Employer May Prorate Salary

• No laws require a South Carolina employer to pay an exempt employee for any week in which the employee performs no work. This includes absences taken under the Family and Medical Leave Act, or FMLA. The employer may prorate the salary for the employee's first or last week of work to reflect only the time actually worked. Any time the employee is absent for at least one day for personal reasons, including vacation, the employer may prorate his salary. If the employee is absent at least one full day because of illness and has exhausted his sick leave or has not yet qualified for sick pay, the employer may adjust his salary. The employer may prorate an exempt employee's salary if the employee is on a disciplinary suspension lasting one or more days that the employer imposes for a significant safety or conduct infraction. If an employee receives pay for serving as a juror or member of the military, the employer may adjust his pay by the amount the employer received from the other source.
  
  

South Carolina Law Regarding Employee Notice

• South Carolina statutes require every employer with four or more employees to provide employees with certain information. Upon hiring a new employee, the employer must provide him with a written notice that details the wages promised, work hours, deductions that will be made and where and when the employee will receive his check. Every payday, the employer must provide an itemized account to the employee that reflects his earnings and any deductions made.