South Carolina H 3809: Pay increase

Bill Text

2025-2026 Bill 3809 Text of Previous Version (Jan. 28, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3809

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 OF SEVENTEEN DOLLARS PER 
HOUR EFFECTIVE JANUARY 1, 2027, TO PROVIDE FOR THE NOTIFICATION OF THIS MINIMUM 
WAGE TO EMPLOYERS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION BEFORE 
NOVEMBER 1, 2026, 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 seventeen dollars per hour beginning January 1, 2027. 
The Department of Labor, Licensing and Regulation shall provide written or 
electronic notice of this minimum wage to all employers before November 1, 
2026.

 (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.

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This web page was last updated on January 28, 2025 at 01:18 PM