S 0102 General Bill, By Jackson and Malloy
 A BILL TO AMEND CHAPTER 10, TITLE 41 OF THE 1976 CODE, BY ADDING SECTION
 41-10-35 TO PROVIDE THAT THE MINIMUM WAGE IN THIS STATE IS EITHER SIX DOLLARS
 AND FIFTEEN CENTS OR THE MINIMUM WAGE SET FORTH BY THE FAIR LABOR STANDARDS
 ACT, WHICHEVER IS HIGHER; TO AMEND SECTION 6-1-130 TO PROVIDE THAT A POLITICAL
 SUBDIVISION OF THIS STATE MAY NOT REQUIRE A MINIMUM WAGE HIGHER THAN THAT SET
 FORTH IN SECTION 41-10-35; TO AMEND SECTION 41-20-70 TO PROVIDE THAT AN
 APPRENTICE MUST BE PAID THE MINIMUM WAGE SET FORTH IN SECTION 41-10-35; TO
 AMEND SECTION 44-22-160 TO PROVIDE THAT A PATIENT EMPLOYEE MUST BE PAID THE
 MINIMUM WAGE SET FORTH IN 41-10-35; AND TO AMEND SECTIONS 53-1-100 AND
 53-1-110 TO PROVIDE THAT SUNDAY WORK MUST BE COMPENSATED AT A RATE NO LESS
 THAN THE MINIMUM WAGE SET FORTH IN SECTION 41-10-35.

   12/06/06  Senate Prefiled
   12/06/06  Senate Referred to Committee on Labor, Commerce and Industry
   01/09/07  Senate Introduced and read first time SJ-71
   01/09/07  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-71

TO AMEND CHAPTER 10, TITLE 41 OF THE 1976 CODE, BY ADDING SECTION 41-10-35 TO PROVIDE THAT THE MINIMUM WAGE IN THIS STATE IS EITHER SIX DOLLARS AND FIFTEEN CENTS OR THE MINIMUM WAGE SET FORTH BY THE FAIR LABOR STANDARDS ACT, WHICHEVER IS HIGHER; TO AMEND SECTION 6-1-130 TO PROVIDE THAT A POLITICAL SUBDIVISION OF THIS STATE MAY NOT REQUIRE A MINIMUM WAGE HIGHER THAN THAT SET FORTH IN SECTION 41-10-35; TO AMEND SECTION 41-20-70 TO PROVIDE THAT AN APPRENTICE MUST BE PAID THE MINIMUM WAGE SET FORTH IN SECTION 41-10-35; TO AMEND SECTION 44-22-160 TO PROVIDE THAT A PATIENT EMPLOYEE MUST BE PAID THE MINIMUM WAGE SET FORTH IN 41-10-35; AND TO AMEND SECTIONS 53-1-100 AND 53-1-110 TO PROVIDE THAT SUNDAY WORK MUST BE COMPENSATED AT A RATE NO LESS THAN THE MINIMUM WAGE SET FORTH 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.    Every employer shall pay to each employee who performs any work, wages of at least six dollars and fifteen cents ($6.15) per hour or the minimum wage set forth in Section 6 of the Fair Labor Standards Act of 1938, 29 U.S.C. 206, whichever is higher."

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 the apprentice and whether the required school time shall be compensated; provided, however, the apprentice shall receive compensation which shall not be less than the minimum wage prescribed by the Federal Fair Labor Standards Act Section 41-10-35;"

SECTION    4.    Section 44-22-160(A) of the 1976 Code is amended to read:

"(A)    Each 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 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 compensation which must not be less than the minimum wage prescribed by 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 provision of law, the operation of machine shops and rubber molding and plastic injection molding facilities shall be exempt from the provisions of this chapter. No person shall 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 not jeopardize his seniority rights by such refusal or be discriminated against in any manner. Sunday work shall 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 provision of law, the manufacture and finishing of textile products shall be exempt from the provisions of Chapter 1, Title 53, as amended. Provided, however, that no person shall 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 not jeopardize his seniority rights by such refusal or be discriminated against in any manner. Sunday work shall 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.