S 216 Session 125 (2023-2024) S 0216 General Bill, By McLeod A bill TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA SO AS TO ENACT THE "SOUTH CAROLINA MINIMUM WAGE ACT"; BY ADDING Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. This act may be cited as the "South Carolina Minimum Wage Act". SECTION 2. Chapter 10, Title 41 of the S.C. Code is amended by adding: South Carolina Minimum Wage Act Section 41-10-210. Employers shall, at a minimum, pay employees a wage at an hourly rate of two dollars above the federal minimum wage for all hours worked in this State. Only those individuals entitled to receive the federal minimum wage under the federal Fair Labor Standards Act and its implementing regulations are eligible to receive this state minimum wage. The provisions of Sections 213 and 214 of the federal Fair Labor Standards Act, as interpreted by applicable federal regulations and implemented by the United States Secretary of Labor, are incorporated herein. Section 41-10-220. (A) The department shall calculate an adjusted state minimum wage rate by increasing the state minimum wage to two dollars above the federal minimum wage by the rate of inflation for the twelve months prior to July first. In calculating the adjusted state minimum wage, the department shall use the Consumer Price Index for Urban Wage Earners and Clerical Workers, not seasonally adjusted, for the South Region or a successor index as calculated by the United States Department of Labor. Each adjusted state minimum wage rate takes effect on the following January first, with the initial adjusted minimum wage rate to take effect on January first following the first September after the ratification of this act. (B) The department annually shall publish the amount of the adjusted state minimum wage and the effective date by posting the adjusted state minimum wage rate and the effective date on the Internet website of the department before October fifteenth of each year. To the extent funded in the annual general appropriations act, the department annually shall provide written notice of the adjusted rate and the effective date of the adjusted state minimum wage to all employers by November fifteenth. Section 41-10-230. It is unlawful for an employer or another party to discriminate or take adverse action against a person in retaliation for exercising rights protected pursuant to the South Carolina Minimum Wage Act. Rights protected include, but are not limited to, the right to file a complaint or inform any person of his potential rights pursuant to the South Carolina Minimum Wage Act, and to assist him in asserting these rights. Section 41-10-240. (A) A person aggrieved by a violation of the South Carolina Minimum Wage Act may bring a civil action in a court of competent jurisdiction against an employer for violating a provision of this (B) The employer has fifteen calendar days after receipt of the notice to pay the total amount of unpaid wages or otherwise resolve the claim to the satisfaction of the person aggrieved. The statute of limitations for bringing an action pursuant to this (C)(1) Upon prevailing in an action brought pursuant to this (2) Upon prevailing in an action brought pursuant to this Section 41-10-250. The Attorney General may bring a civil action to enforce the South Carolina Minimum Wage Act, and this action may: (1) seek injunctive relief; (2) impose a fine of one thousand dollars for each violation, payable to the department. The department shall remit these funds to the state general fund; or (3) both. Section 41-10-260. The statute of limitations for an action brought pursuant to this Section 41-10-270. An action brought pursuant to this Section 41-10-280. Except for calculating the adjusted state minimum wage and publishing the initial state minimum wage and any annual adjustments to it, the authority of the department in implementing the South Carolina Minimum Wage Act, pursuant to this SECTION 3. Section 6-1-130(B) of the S.C. Code is amended to read: (B) A political subdivision of this State may not establish, mandate, or otherwise require a minimum wage rate that exceeds the federal state minimum wage rate set forth in Section 6 of the Fair Labor Standards Act of 1938, 29 U.S.C. 206 the South Carolina Minimum Wage Act pursuant to SECTION 4. Section 44-22-160(A) of the S.C. Code is amended to read: (A) Each A patient may refuse nontherapeutic employment within the facility. The department shall establish policies and guidelines to determine what constitutes therapeutic employment. The record and justification of each a patient's employment must be sent immediately to the attending physician for review and entered into the patient's record. Patient employment must be compensated in accordance with the Fair Labor Standards Act, except that the employee may receive no less than the state minimum wage provisions of the South Carolina Minimum Wage Act pursuant to SECTION 5. Section 53-1-100 of the S.C. Code is amended to read: Section 53-1-100. Notwithstanding any other another provision of law, the operation of machine shops and rubber molding and plastic injection molding facilities shall must be exempt from the provisions of this chapter. No A person shall may not be required to work on Sunday who if he is conscientiously opposed to Sunday work. If any a person refuses to work on Sunday because of conscientious or physical objections, he shall does not jeopardize his seniority rights by such the refusal or and may not be discriminated against in any manner. Sunday work shall must be compensated at a rate no less than that required by the Fair Labor Standards Act South Carolina Minimum Wage Act pursuant to SECTION 6. Section 53-1-110 of the S.C. Code is amended to read: Section 53-1-110. Notwithstanding any other provision of law, the manufacture and finishing of textile products shall be is exempt from the provisions of Chapter 1, Title 53, as amended. Provided, however, that no a person shall may not be required to work on Sunday who if he is conscientiously opposed to Sunday work. If any a person refuses to work on Sunday because of conscientious or physical objections, he shall does not jeopardize his seniority rights by such the refusal or and may not be discriminated against in any manner. Sunday work shall must be compensated at a rate no less than that required by the Fair Labor Standards Act South Carolina Minimum Wage Act pursuant to SECTION 7. Sections 41-10-10 through 41-10-110 of the S.C. Code are designated as SECTION 8. The Code Commissioner is directed to change, correct, or conform all references in Chapter 10, Title 41 from "chapter" to " SECTION 9. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. SECTION 10. The provisions of this act takes effect upon approval by the Governor. ----XX---- |