Skip to main content
CityRuleLookup
Employment Preemption

Employment Preemption in Charleston, SC: What Residents Actually Need to Know

By CityRuleLookup Editorial Team

If you live in Charleston or are thinking about moving there, employment preemption are one of those things you probably won't think about until they affect you directly. Charleston has 2 specific rules on the books covering different aspects of employment preemption, and some of them might surprise you.

Minimum Wage Preemption

Charleston cannot set a local minimum wage. SC §6-1-130, enacted in 2002, blocks all South Carolina cities and counties from establishing a wage floor above the federal $7.25 baseline.

Key details: State preemption: SC §6-1-130 (2002). Federal minimum: $7.25 per hour. Tipped minimum: $2.13 per hour. Last federal raise: 2009.

No local penalty applies because Charleston cannot enact a wage floor; FLSA violations by employers are enforced by the federal Wage and Hour Division.

If you are coming from a city with tighter rules, you will find Charleston gives residents more flexibility on minimum wage preemption.

Charleston cannot mandate private-sector paid sick leave. SC §41-1-110 partially preempts local employment benefit ordinances, though the statute leaves narrow gaps in interpretation.

Key details: State preemption: SC §41-1-110. Last amended: 2017. Federal FMLA: 12 weeks unpaid. State PFL: None.

No local penalty exists for private employers because the city cannot mandate paid leave; FMLA federal violations bring DOL enforcement and private rights of action.

The rules around paid leave preemption in Charleston lean permissive, but that does not mean anything goes.

The Bottom Line

Compared to many U.S. cities, Charleston gives residents more room on employment preemption. 2 of the 2 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

This guide is based on Charleston's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.