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Indicates New Matter
Sponsors: Rep. Neal
Document Path: l:\council\bills\agm\18108ab14.docx
Introduced in the House on March 12, 2014
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Minimum wage
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/12/2014 House Introduced and read first time (House Journal-page 14) 3/12/2014 House Referred to Committee on Labor, Commerce and Industry (House Journal-page 14)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-10-25 SO AS TO PROVIDE THAT ALL EMPLOYERS IN SOUTH CAROLINA MUST, AT A MINIMUM, PAY EMPLOYEES A MINIMUM WAGE AT AN HOURLY RATE OF NINE DOLLARS AND SEVENTY-FIVE CENTS, AND TO PROVIDE THAT ONLY THOSE INDIVIDUALS ENTITLED TO RECEIVE THE FEDERAL MINIMUM WAGE UNDER THE FAIR LABOR STANDARDS ACT MAY BE BROUGHT AS A CLASS ACTION.
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 41-10-25. (A) Employers, at a minimum, shall pay employees a minimum wage at an hourly rate of nine dollars and seventy-five cents 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.
(B) A person aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction against an employer for violating a provision of this section after notifying the employer alleged to have violated this section, in writing, of an intent to initiate the action. The notice must identify the minimum wage to which the person aggrieved claims entitlement, the actual or estimated work dates and hours for which payment is sought, and the total amount of alleged unpaid wages through the date of the notice. Upon prevailing in an action brought pursuant to this section, an aggrieved person also is entitled to legal or equitable relief as appropriate to remedy the violation, including, without limitation, reinstatement in employment and injunctive relief.
(C) The Attorney General may bring a civil action to enforce this section, 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
(D) The statute of limitations for an action brought pursuant to this section is for five years and begins on the date on which the alleged violation occurred.
(E) An action brought pursuant to this section may be brought as a class action under state law."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on March 18, 2014 at 10:13 AM