Hi, I have a question regarding SC PTO and overtime. A 'friend' works for a car dealership as a technician and has done so for over 2 years. He is a non-exempt employee who works more than 40 hours per week almost every week. His pay is based on a commission structure that requires a job is billed to the shop before he can work. So some days he has nothing to do until after lunch and then the work piles up. He is only given 1 week (5 days) of PTO per year and I was also wondering what the SC Labor Law states about PTO and overtime for non-exempt employees. There is only non-exempt and salaried employees, correct? Please help because my friend is definitely over worked and under paid and it just is not fair that he is not paid overtime or does not accrue time for his many overtime hours.

Thank you so much,
Daniel James

The employer is not required to offer any paid time off benefits by law. So they can mandate how it is used.

"Salaried" is merely a pay method. There is just exempt and nonexempt. Generally speaking, ALL employees are presumed to be nonexempt unless they meet the duties requirements to be exempt under one of four classifications. Overtime is required for nonexempt employees only if they actually work (under control of the employer) in excess of 40 hours in the 7-day period defined as the workweek by the employer.