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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-10-35 SO AS TO PROVIDE THAT THE MINIMUM WAGE IN THIS STATE IS THE GREATER VALUE OF EITHER TEN DOLLARS OR THE MINIMUM WAGE SET BY THE FAIR LABOR STANDARDS ACT; TO AMEND SECTION 6-1-130, RELATING TO THE SCOPE OF AUTHORITY TO SET MINIMUM WAGE, SO AS TO PROVIDE THAT A POLITICAL SUBDIVISION OF THIS STATE MAY NOT REQUIRE A MINIMUM WAGE THAT EXCEEDS THE ONE PROVIDED IN SECTION 41-10-35; TO AMEND SECTION 44-22-160, RELATING TO THERAPEUTIC PATIENT EMPLOYMENT, SO AS TO PROVIDE THAT A PATIENT EMPLOYEE MUST BE PAID THE MINIMUM WAGE PROVIDED IN SECTION 41-10-35; AND TO AMEND SECTIONS 53-1-100 AND 53-1-110, RELATING TO SUNDAY WORK IN MACHINE SHOPS AND SUNDAY WORK IN MANUFACTURING OR FINISHING OF TEXTILE PRODUCTS, RESPECTIVELY, BOTH SO AS TO PROVIDE THAT SUNDAY WORK MUST BE COMPENSATED AT A RATE NO LESS THAN THE MINIMUM WAGE PROVIDED IN SECTION 41-10-35.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 10, Title 41 of the 1976 Code is amended by adding:
"Section 41-10-35. An employer shall pay to an employee who performs any work, wages of at least ten dollars per hour or the minimum wage provided in Section 6 of the Fair Labor Standards Act of 1938, 29 U.S.C. 206, whichever is greater."
SECTION 2. Section 6-1-130(B) of the 1976 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 minimum wage rate set forth in Section 6 of the Fair Labor Standards Act of 1938, 29 U.S.C. 206 Section 41-10-35. Also, a political subdivision of this State may not establish, mandate, or otherwise require a minimum wage rate related to employee wages that are exempt under 29 U.S.C. 201 et seq., the Fair Labor Standards Act of 1938."
SECTION 3. Section 44-22-160(A) of the 1976 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 a patient employee shall receive no less than the minimum wage provided in Section 41-10-35."
SECTION 4. Section 53-1-100 of the 1976 Code is amended to read:
"Section 53-3-100. 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 person shall may be required to work on Sunday who is conscientiously opposed to Sunday work. If any person refuses to work on Sunday because of conscientious or physical objections, he shall does not jeopardize his seniority rights by such 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 Section 41-10-35."
SECTION 5. Section 53-1-110 of the 1976 Code is amended to read:
"Section 53-1-110. Notwithstanding any other another provision of law, the manufacture and finishing of textile products shall be are exempt from the provisions of Chapter 1, Title 53, as amended. Provided, however, that no person shall may be required to work on Sunday who 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 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 Section 41-10-35."
SECTION 6. This act takes effect upon approval by the Governor.
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