A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 41-10-65 SO AS TO REQUIRE OVERTIME PAYMENT FOR ELIGIBLE EMPLOYEES WHO WORK MORE THAN EIGHT HOURS IN A WORKDAY, TO PROVIDE EXCEPTIONS, AND TO PROHIBIT UNPAID TRIAL OR BREAK-IN PERIODS.

 

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

 

SECTION 1.  Chapter 10, Title 41 of the S.C. Code is amended by adding:

 

    Section 41-10-65.  (A) An employer shall pay an employee wages for each hour the employee works. No employer may require an employee to perform work without wages during any trial period, break-in period, training period, or any similar introductory period.

    (B)(1) Except as otherwise provided in this section, an employer shall pay an employee who is entitled to overtime compensation under the terms of the employee's work agreement at a rate of not less than one and one-half times the employee's regular rate of pay for all hours worked:

           (a) in excess of eight hours in any workday; or

           (b) in excess of forty hours in any workweek.

       (2) By mutual written agreement between employer and employee, the employee may work a scheduled four-day, ten-hour-per-day work schedule. In such cases, overtime is owed only for hours worked in excess of the scheduled ten hours in any workday or in excess of forty hours in a workweek.

    (C) If an employee is entitled to overtime compensation under federal law, a collective bargaining agreement, or an employment contract providing greater benefits than this section, the employer shall comply with the more generous provision.

    (D) The overtime requirements of subsection (B) do not apply to:

       (1) employees exempt from overtime under the Fair Labor Standards Act, including employees in bona fide executive, administrative, or professional capacities;

       (2) employees in a retail or service business if their regular rate is more than four times the minimum wage, and more than half their compensation for a representative period comes from commissions on goods or services, with the representative period being, to the extent allowed pursuant to federal law, not less than one month;

       (3) employees covered by collective bargaining agreements that expressly establish different overtime provisions;

       (4) drivers, drivers' helpers, loaders, and mechanics for motor carriers subject to the Motor Carrier Act;

       (5) employees of railroads or air carriers;

       (6) taxicab or limousine drivers;

       (7) agricultural employees;

       (8) employees of a business enterprise having annual gross revenue less than one million dollars;

       (9) salespersons or mechanics primarily engaged in selling or servicing automobiles, trucks, or farm equipment;

       (10) domestic workers who reside in the employer's household, if both parties agree in writing to waive the daily overtime requirement;

       (11) any other category of employee exempt from overtime compensation under federal law; and

       (12) any employee statutorily excluded from the provisions of this chapter.

    (E) For purposes of this section:

       (1) "Workday" means a fixed, consecutive twenty-four-hour period established by the employer.

       (2) "Regular rate of pay" has the same meaning as under the Fair Labor Standards Act.

    (F) Nothing in this section limits an employee's rights under federal law or other provisions of state law providing greater wage protections.

 

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

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