Increase to Minimum Wage under FLSA Stalled in Congress

Since South Carolina does not have a state-specific minimum wage, South Carolina employees are subject to the federal minimum wage of $7.25/hour, as set by the Fair Labor Standards Act (FLSA) and supporting rules and regulations. That minimum wage number has not changed since 2009, and since the minimum wage is not tied to inflation, it only changes if Congress says it does. (The salary test that is applied to salaried employees includes a specific threshold monetary amount of salary, but that amount can be changed via Department of Labor regulations and does not require Congress to act. Which is why the salary threshold actually changed and the minimum wage has not.)

The Biden Administration has pushed an increase to the minimum wage, and it attempted to follow through on this promise by attaching the increase to the latest coronavirus relief bill. However, through the legislative process, that proposal to increase the minimum wage was dropped. It remains to be seen whether and how hard the Democratic-controlled House and Senate will proceed with any further attempts at raising the minimum wage.

In the meantime, South Carolina employees are still governed by the current minimum wage of $7.25/hour. While this is a relatively low threshold of payment, South Carolina employers still screw up in abiding by the minimum wage, especially in the food service industry and issues involving tips, tip credits, and tip pools. If you are having issues with your employer paying proper minimum wage or abiding by the tip credit provisions, feel free to reach out to your friendly neighborhood South Carolina FLSA lawyer.