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S. 28
STATUS INFORMATION
General Bill
Sponsors: Senator Jackson
Document Path: l:\council\bills\nbd\11056bb09.docx
Introduced in the Senate on January 13, 2009
Currently residing in the Senate Committee on Labor, Commerce and Industry
Summary: Minimum wage
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/10/2008 Senate Prefiled
12/10/2008 Senate Referred to Committee on Labor, Commerce and Industry
1/13/2009 Senate Introduced and read first time SJ-85
1/13/2009 Senate Referred to Committee on Labor, Commerce and Industry
SJ-85
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
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 SIX DOLLARS AND FIFTEEN CENTS 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 41-21-70, RELATING TO TERMS OF APPRENTICESHIP AGREEMENTS, SO AS TO PROVIDE THAT AN APPRENTICE MUST BE PAID THE MINIMUM WAGE 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 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 six dollars and fifteen cents 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 41-21-70(6) of the 1976 Code is amended to read:
"(6) A statement of the graduated scale of wages to be paid to the apprentice and whether the required school time shall must be compensated; provided, however, the apprentice shall receive compensation which shall may not be less than the minimum wage prescribed by the Federal Fair Labor Standards Act provided in Section 41-10-35;"
SECTION 4. 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 5. 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 6. 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 7. This act takes effect upon approval by the Governor.
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