South Carolina Statewide Rule
South Carolina Minimum Wage Local Preemption Statewide Standard
Key Facts
- Authority: Code
- Authority: SC Code Section 6-1-130
- Federal Minimum
- Federal minimum wage of $7.25 applies
- Local Living-Wage
- Local living-wage rules preempted
- Direct Municipal
- Direct municipal employees can be paid more
- Public Contracting
- Public contracting flexibility preserved
Summary
South Carolina preempts local governments from setting minimum wage rates above the federal floor under Section 6-1-130 of the state code.
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. 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.
Full Breakdown
Section 6-1-130 prohibits counties and municipalities from establishing, mandating, or otherwise requiring an employer to pay a wage rate higher than that required under federal law. South Carolina has no state minimum wage statute, so the federal minimum wage of seven dollars and twenty-five cents per hour applies. Cities and counties cannot adopt local living-wage ordinances applicable to private employers. Limited exceptions exist for wages paid by political subdivisions to their own direct employees and for terms negotiated in public contracts.
Violations & Penalties
Local minimum wage ordinances applicable to private employers are void and unenforceable; affected employers may seek declaratory relief.
Frequently Asked Questions
Can a South Carolina city raise the minimum wage?
What is the current minimum wage in South Carolina?
Sources
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