H 3226

South Carolina General Assembly
126th Session, 2025-2026
Bill 3226
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
41-1-125 SO AS TO PROVIDE A BASE STATE MINIMUM WAGE AND A SCHEDULE TO GRADUALLY
IMPLEMENT AN ADJUSTED MINIMUM WAGE TO TEN DOLLARS AND TEN CENTS PER HOUR OVER A
THREE-YEAR PERIOD, TO PROVIDE A METHOD FOR CALCULATING FUTURE MANDATORY
ADJUSTMENTS, TO PROVIDE FOR THE NOTIFICATION OF THESE ADJUSTMENTS TO EMPLOYERS
AND EMPLOYEES BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE
THAT IT IS UNLAWFUL FOR AN EMPLOYER TO FAIL TO PAY THE STATE MINIMUM WAGE OR TO
RETALIATE AGAINST AN EMPLOYEE FOR CERTAIN ACTIONS REGARDING ENFORCEMENT OF THE
STATE MINIMUM WAGE LAW, TO PROVIDE REMEDIES FOR VIOLATIONS, TO PROVIDE A FIVE-YEAR
STATUTE OF LIMITATIONS, AND TO PROVIDE THAT ACTIONS BROUGHT PURSUANT TO THIS
ACT MAY BE BROUGHT AS A CLASS ACTION UNDER STATE LAW.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 1, Title 41 of the S.C. Code is amended by
adding:
    Section 41-1-125.  (A) An employer shall, at a minimum,
pay employees a wage at an hourly rate as provided in this section 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. The
provisions of Sections 213 and 214 of the federal Fair Labor Standards Act, as
interpreted by applicable federal regulations and implemented by the United
States Secretary of Labor, are incorporated herein.
    (B)  The
minimum wage must be implemented as follows:
       (1)   Beginning
January 1, 2026, the initial state minimum wage is established as eight dollars
and seventy five cents per hour.
       (2)   Beginning
January 1, 2027, the state minimum wage increases to nine dollars and seventy
five cents per hour.
       (3)   Beginning
January 1, 2028, the state minimum wage increases to ten dollars and ten cents
per hour.
       (4)   Beginning
January 1, 2029, and annually thereafter, the state minimum wage increases from
ten dollars and ten cents per hour based on the Consumer Price Index for Urban
Wage Earners and Clerical Workers, not seasonally adjusted, for the South
Region or a successor index as calculated by the United States Department of
Labor. The Department of Labor, Licensing and Regulation annually shall
calculate and post the adjusted state minimum wage rate and the effective date
on the internet website of the department before October fifteenth of each
year. To the extent funded in the annual general appropriations act, the
department annually shall provide written notice of the adjusted rate and the
effective date of the adjusted state minimum wage to all employers by November
fifteenth.
    (C)  It
is unlawful for an employer or another party to discriminate or take adverse
action against a person in retaliation for filing a complaint about a violation
of this section or informing any person of the provisions of this section.
    (D)  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, and if he prevails, must recover the full amount of any unpaid
back wages, economic damages, and must be awarded reasonable attorney's fees
and costs. Upon prevailing in an action brought pursuant to this section, an
aggrieved person is also entitled to legal or equitable relief as appropriate
to remedy the violation including, without limitation, reinstatement in
employment and injunctive relief.
    (E)   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
       (3)   both.
    (F)   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.
    (G)  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.
----XX----
This web page was last updated on December 06, 2024 at 10:47 AM