South Carolina General Assembly
117th Session, 2007-2008

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

H. 3022

STATUS INFORMATION

General Bill
Sponsors: Reps. Jennings, Scott, Whipper, Parks, Mitchell, Hart, Breeland, Mack, Hosey, Alexander, G. Brown, R. Brown, Clyburn, Cobb-Hunter, Harvin, Hodges, Jefferson, Miller, Moss, J.H. Neal, Sellers and J.E. Smith
Document Path: l:\council\bills\gjk\20014sd07.doc

Introduced in the House on January 9, 2007
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Minimum Wage Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/13/2006  House   Prefiled
  12/13/2006  House   Referred to Committee on Labor, Commerce and Industry
    1/9/2007  House   Introduced and read first time HJ-25
    1/9/2007  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-25

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/13/2006

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LABOR AND EMPLOYMENT, BY ADDING CHAPTER 12 SO AS TO ENACT THE SOUTH CAROLINA MINIMUM WAGE ACT BY ESTABLISHING A STATE MINIMUM WAGE AN HOUR FOR CERTAIN TYPES OF COVERED EMPLOYEES, TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO EMPLOYEES COVERED BY FEDERAL MINIMUM WAGE LAWS, TO PROVIDE FOR OTHER EXCEPTIONS, AND TO PROVIDE FOR CIVIL PENALTIES FOR VIOLATION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Title 41 of the 1976 Code is amended by adding:

"CHAPTER 12

South Carolina Minimum Wage Act

Section 41-12-10.    This act is known and may be cited as the 'South Carolina Minimum Wage Act'.

Section 41-12-20.    The Division of Labor of the Department of Labor, Licensing and Regulation shall administer and enforce this chapter and promulgate regulations for its administration.

Section 41-12-30.    (A)    Except as otherwise provided in this section, every employer, whether an individual, firm, corporation, or other entity, shall pay to all covered employees a minimum wage which may not be less than seven dollars and twenty-five cents an hour for each hour worked in the employment of the employer.

(B)    This chapter does not apply with respect to:

(1)    an employer of domestic employees;

(2)    an employee whose compensation consists wholly or partially of gratuities;

(3)    an employee who is a high school or college student;

(4)    an individual who is employed as a newspaper carrier; or

(5)    an individual who is employed by a nonprofit child caring institution or long term care facility serving children or mentally disabled adults who are enrolled in the institution and reside in residential facilities of the institution, if the employee resides in the facilities, receives without cost board and lodging from the institution, and is compensated on a cash basis at an annual rate of not less than ten thousand dollars.

(C)    This chapter does not apply to an employer who is subject to the minimum wage provisions of an act of Congress as to employees covered by it if the act of Congress provides for a minimum wage which is greater than the minimum wage which is provided for in this section.

Section 41-12-40.    (A)    As used in this section, the term:

(1)    'employee' means an individual employed by an employer;

(2)    'employer' means a person or entity that employs one or more employees;

(3)    'employment benefits' means anything of value that an employee may receive from an employer in addition to wages and salary. This term includes, but is not limited to, any health benefits, disability benefits, death benefits, group accidental death and dismemberment benefits, paid days off for holidays, sick leave, vacation, and personal necessity, retirement benefits, and profit sharing benefits;

(4)    'local government entity' means a county or municipality;

(5)    'person' means an individual, partnership, association, corporation, or other entity;

(6)    'wage or employment benefit mandate' means a requirement adopted by a local government entity which requires an employer to pay any or all of its employees a wage rate or provide employment benefits not otherwise required under state or federal law.

(B)(1)    Any and all wage or employment benefit mandates adopted by a local government entity are hereby preempted.

(2)    A local government entity may not adopt, maintain, or enforce by ordinance, agreement, or contract, either directly or indirectly, a wage or employment benefit mandate.

(3)    A local government entity may offer its own employees employment benefits.

Section 41-12-50.    (A)    The Division of Labor is authorized to grant exemptions to certain categories of organizations and businesses for the purpose of exempting them from the operation of this chapter. The exemptions granted must be based upon considerations of the value of allowing certain classes of persons to be employed at rates below the minimum rate because of overriding considerations of public policy, to allow employment of certain persons with disabilities and others who cannot otherwise compete effectively in the labor market.

(B)    The Division of Labor is authorized to conduct investigations and compile information as to the reasons for granting exemptions to certain organizations and businesses pursuant to subsection (A) of this section. The division is required to maintain a list of these exemptions, along with the records of the investigations conducted and the basis for the granting of the exemptions, which list and records must be a public record.

Section 41-12-60.    Every employer subject to this chapter or a regulation promulgated pursuant to this chapter shall maintain records showing the hours worked by each employee and the wages paid to him and shall furnish to the division upon demand a sworn statement of the hours worked and wages paid to each person in his or its employment covered by this chapter. The records covering the hours and payments must be open to inspection by an authorized agent of the division at any reasonable time. Each employer subject to this chapter shall post copies of any regulation or order issued pursuant to this chapter pertaining to wages in a conspicuous place in an area frequented by employees.

Section 41-12-70.    If an employer pays an employee a lesser amount than the minimum wage provided in this chapter, the employee may bring a civil action in circuit court for the recovery of the difference between the amount paid and the minimum wage provided in this chapter, plus an additional amount equal to the original claim, which must be allowed as liquidated damages, together with costs and reasonable attorney's fees as may be allowed by the court. No contract or agreement between an employer and his employees nor any acceptance of a less wage by an employee shall bar the action."

SECTION    2.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Monday, October 10, 2011 at 1:32 P.M.