South Carolina
South Carolina Minimum Wage 2026: $7.25 Federal, No State Rate
Independently fact-checked against primary sources (last audited September 30, 2026). · 11 primary sources cited on this page. How we verify our legal content
South Carolina's minimum wage is $7.25 per hour for employees covered by the federal Fair Labor Standards Act (FLSA). South Carolina has not enacted a state minimum wage law: DOL's July 1, 2026 state table lists none, and a chapter-by-chapter review of the labor title of the state code found no section that sets a general minimum wage rate. The federal rate has been $7.25 since July 24, 2009, and no South Carolina step is scheduled for January 1, 2027.
Information last verified on September 30, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers South Carolina's lack of a state minimum wage, the local-preemption statute (S.C. Code 6-1-130), the state's payment-of-wages law and the federal FLSA. It does not cover overtime detail or other states. South Carolina statutes were read on the South Carolina Legislature's site.
What is the minimum wage in South Carolina?
$7.25 per hour, set by the federal FLSA (29 U.S.C. 206(a)(1)(C)) and in effect since July 24, 2009. South Carolina has not enacted a state minimum wage law. DOL's July 1, 2026 state table lists South Carolina as having no state minimum wage law and says employers subject to the FLSA must pay $7.25.
We checked the state code directly. On the South Carolina Legislature's site we opened the Title 41 (Labor and Labor Regulations) chapter index and every chapter page linked from it, and searched each for "minimum wage," "minimum hourly," "wage rate" and "Fair Labor Standards." No chapter sets a general minimum wage rate. The hits were narrow: Chapter 6 bars the use of federal Section 14(c) subminimum wages for workers with disabilities (41-6-10), Chapter 5 defines competitive employment by reference to minimum wage, and Chapter 35 refers to the higher of the federal rate or a "state or local minimum wage" in an unemployment job-search provision. Chapter 10, the Payment of Wages Act, regulates notice, timing and deductions of agreed wages, not a rate.
A full-text search of the whole South Carolina Code in this site's statute corpus for "minimum wage" returned 11 sections and agrees: they are 6-1-130 (local preemption), 8-11-140 (a 1978 provision that no state employee or public school bus driver receive less than $2.65 per hour from the State), 31-3-1540 (housing authority contract stipulations), prison-labor provisions, the Title 41 sections above and a registration provision. None is a general private-sector minimum wage. The state labor agency's own wage pages describe the Payment of Wages Act and child labor and do not mention a minimum wage, so no state agency statement exists to quote. The negative rests on DOL's table and the code review.
Will South Carolina's minimum wage go up in 2027?
South Carolina has no state rate to raise. Two bills were introduced in the 2025-26 session: H. 3226, which would set state rates beginning January 1, 2026, and H. 3809, which proposes $17. Both were referred to the House Labor, Commerce and Industry Committee, and the Legislature's history shows no later action. They are not law. The federal rate changes only if Congress passes and the President signs a bill, and no enacted federal change was found. See the federal minimum wage page.
Who gets the federal minimum wage in South Carolina?
The FLSA covers employees of enterprises engaged in commerce with at least $500,000 in annual gross volume of sales made or business done, and employees who are individually engaged in commerce or the production of goods for commerce. Some jobs are exempt, such as bona fide executive, administrative, professional and outside sales employees (29 U.S.C. 213(a)(1)). Because we found no South Carolina law setting a minimum wage, a worker outside FLSA coverage has no state minimum wage statute to point to. That is a consequence of the negative finding, not a statement from a source.
Tipped workers in South Carolina
DOL's tipped table lists South Carolina at the federal combined $7.25, $5.12 maximum tip credit and $2.13 cash wage. No South Carolina tip-credit statute was found in Title 41. Federal rules govern tipped work wherever the FLSA applies. An employer may pay a tipped employee a cash wage of at least $2.13 per hour and take a tip credit of up to $5.12, so long as the cash wage plus tips reach $7.25 (29 U.S.C. 203(m)(2)(A); DOL's tipped table lists the federal row as $7.25, $5.12 and $2.13). A tipped employee is one who customarily and regularly receives more than $30 a month in tips (29 U.S.C. 203(t)). The employer must tell the employee about the tip credit, must make up any shortfall, and may not keep employees' tips (29 U.S.C. 203(m)(2)(B)).
Youth and other lower rates
South Carolina sets no youth or training rate of its own. For FLSA-covered employers, federal law allows a newly hired employee under 20 to be paid not less than $4.25 per hour during the first 90 consecutive calendar days of employment, as long as the arrangement does not displace other workers (29 U.S.C. 206(g)). After 90 days, or at age 20, the $7.25 rate applies. Separate special-certificate programs for learners, full-time students and workers with disabilities exist under 29 U.S.C. 214, and each is limited by the certificate and its conditions.
South Carolina does bar one federal subminimum program. Section 41-6-10 (2022 Act No. 209) says employers, community rehabilitation programs and hospital patient care workers at regional centers shall not use Section 14(c) of the FLSA to pay disabled employees a subminimum wage, and that no individual with a disability may be paid less than the federal minimum wage.
Can Charleston or Columbia set a higher minimum wage?
No. S.C. Code 6-1-130(B) provides that a political subdivision, defined to include a municipality, county, school district, special purpose district or public service district, may not establish, mandate or otherwise require a minimum wage rate that exceeds the federal rate under 29 U.S.C. 206, and may not require a minimum wage rate related to wages of employees who are exempt under the FLSA. Subsection (C) says the section does not limit a political subdivision's authority to establish wage rates in contracts to which it is a party.
How to file a minimum wage complaint in South Carolina
South Carolina's LLR Wages and Child Labor section administers the state's payment-of-wages and child labor laws, and its page says many complaints it receives do not implicate the Act. No state minimum wage claim process was found, and LLR's pages do not say it takes minimum wage complaints. Workers covered by the FLSA can contact the U.S. Department of Labor's Wage and Hour Division at 1-866-487-9243 or through its complaint page. DOL says a complainant's identity and whether a complaint exists may not be disclosed, and that employers cannot retaliate. An employer that pays less than the minimum wage owes the unpaid wages plus an equal amount as liquidated damages, and the employee can sue in federal or state court and seek attorney's fees and costs (29 U.S.C. 216(b)). A suit generally must start within two years, or three for a willful violation (29 U.S.C. 255(a)), and 29 U.S.C. 215(a)(3) bars retaliation for filing a complaint.
The Payment of Wages Act is a separate remedy for wages an employer agreed to pay but did not: under S.C. Code 41-10-80(C) an employee can sue within three years after the wages become due, and the court can award treble the unpaid wages plus costs and attorney's fees. See South Carolina final paycheck laws, South Carolina at-will employment laws and unpaid wages. The overtime calculator helps check hours over 40.
Disclaimer: This page is general legal information, not legal advice. It covers South Carolina law on minimum wage and local wage rules (S.C. Code 6-1-130 and Title 41) and the federal Fair Labor Standards Act (FLSA) as verified on September 30, 2026. For a specific pay situation, consult a lawyer licensed in South Carolina or the state labor agency.
Related pages
- Minimum wage by state
- Federal minimum wage rules
- South Carolina final paycheck laws
- South Carolina at-will employment laws
- Unpaid wages and how to claim them
- Overtime calculator
- North Carolina minimum wage
Last updated: September 30, 2026.
Frequently Asked Questions
What is the minimum wage in South Carolina?
$7.25 per hour under the federal FLSA for covered employers. South Carolina has not enacted a state minimum wage law, and DOL's July 1, 2026 table lists no state rate.
Does South Carolina have its own minimum wage law?
No state minimum wage law was found. DOL lists none, and a chapter-by-chapter review of Title 41 found no section that sets a general minimum wage rate.
Will the South Carolina minimum wage increase in 2027?
There is no state rate to increase. Bills H. 3226 and H. 3809 were referred to committee with no later action and are not law. The federal $7.25 changes only if Congress acts.
What is the tipped minimum wage in South Carolina?
The federal rules apply: a cash wage of at least $2.13 with a tip credit of up to $5.12, for employees who receive more than $30 a month in tips.
Can Charleston or Columbia set a higher minimum wage?
No. S.C. Code 6-1-130(B) bars a political subdivision from requiring a minimum wage rate above the federal rate, though it may set wage rates in contracts to which it is a party.
Where do I file a minimum wage complaint in South Carolina?
With the U.S. Department of Labor Wage and Hour Division at 1-866-487-9243 if the FLSA covers your employer. The state LLR's Payment of Wages Act handles unpaid agreed wages, not a minimum wage rate.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 6: LOCAL GOVERNMENT—PROVISIONS APPLICABLE TO SPECIAL PURPOSE DISTRICTS AND OTHER POLITICAL SUBDIVISIONS
§ 6-1-130Political subdivisions; scope of authority to set minimum wage ratesIn force
(A) For purposes of this section "political subdivision" includes, but is not limited to a municipality, county, school district, special purpose district, or public service district. (B) 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. (C) This section does not limit the authority of political subdivisions to establish wage rates in contracts to which they are a party. (D) For purposes of this section, "wage" has the same meaning set forth in Section 3(m) of the Fair Labor Standards Act of 1938, 29 U.S.C. 203(m).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
South Carolina Code of Laws, Title 41: LABOR AND EMPLOYMENT
§ 41-10-80Violations and penalties; civil actions by employees; administrative review of civil penaltiesIn forcecited in 2 of our articles
(A) Any employer who violates the provisions of Section 41-10-30 must be given a written warning by the Director of the Department of Labor, Licensing and Regulation or his designee for the first offense and must be assessed a civil penalty of not more than one hundred dollars for each subsequent offense. (B) Any employer who violates the provisions of Section 41-10-40 must be assessed a civil penalty of not more than one hundred dollars for each violation. Each failure to pay constitutes a separate offense. (C) In case of any failure to pay wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney's fees as the court may allow. Any civil action for the recovery of wages must be commenced within three years after the wages become due. (D) The Director of the Department of Labor, Licensing and Regulation or his designee shall promulgate regulations to establish a procedure for administrative review of any civil penalty assessed by the Director.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 29 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Bennett v. Lambroukos (Court of Appeals of South Carolina 1991, 303 S.C. 481)“…Judge: This is an action to recover unpaid wages under S.C. Code Ann. Section 41-10-80(C) (Supp. 1990). JoAnne Bennett was emp…”
- Dumas v. InfoSafe Corp. (Court of Appeals of South Carolina 1995, 320 S.C. 188)“…osts and reasonable attorney’s fees as the court may allow. S.C. Code § 41-10-80(0 (Supp. 1994). All rules of sta…”
- Rice v. Multimedia, Inc. (Supreme Court of South Carolina 1995, 318 S.C. 95)“…1. Was Rice entitled to treble damages pursuant to S.C. Code Ann. § 41-10-80 (C)? 2. Is Multimedia’s commissi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Final Paycheck Laws: The 48-Hour-or-30-Day Rule
§ 41-6-10Employers; community rehabilitation programs; hospital patient care workers at regional centersIn force
Employers, community rehabilitation programs, and hospital patient care workers at regional centers shall not use Section 14(c) of the Fair Labor Standards Act of 1938 to pay disabled employees a subminimum wage. No individual with a disability may be paid less than the federal minimum wage.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
United States Code Title 29
§ 203DefinitionsIn forcecited in 32 of our articles
As used in this chapter— “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 4,743 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Wisconsin v. Yoder (Supreme Court of the United States 1972, 406 U.S. 205)“…hteen years or detrimental to their health or well-being." 29 U. S. C. § 203 (l). [20] Cf. e. g., Jacobson v…”
- College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board (Supreme Court of the United States 1999, 527 U.S. 666)“…specifically covered the state hospitals in question, see 29 U. S. C. § 203 (d) (1964 ed.), and such coverage was u…”
- Garcia v. San Antonio Metropolitan Transit Authority (Supreme Court of the United States 1985, 469 U.S. 528)“…vernment employees. §§ 6(a)(1) and (6), 88 Stat. 58 , 60, 29 U. S. C. §§ 203 (d) and (x). SATS complied with the FLS…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Minimum Wage 2026: $7.25 an Hour Since 2009, Minimum Wage by State 2026: All 50 States and DC, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate
§ 206Minimum wageIn forcecited in 49 of our articles
Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: except as otherwise provided in this section, not less than— $5.85 an hour, beginning on the 60th day after May 25, 2007; $6.55 an hour, beginning 12 months after that 60th day; and $7.25 an hour, beginning 24 months after that 60th day; if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 6,250 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j) (Court of Appeals for the Third Circuit 1999, 184 F.3d 236)“…wage provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 206 (a), for the work he was compelled to d…”
- Christensen v. Harris County (Supreme Court of the United States 2000, 529 U.S. 576)“…in the private sector of the economy or the public sector. 29 U. S. C. §§ 206 , 207 (1994 ed. and Supp. III). In 1985…”
- Barrentine v. Arkansas-Best Freight System, Inc. (Supreme Court of the United States 1981, 450 U.S. 728)“…a minimum wage under § 6 of the Fair Labor Standards Act, 29 U. S. C. § 206 , may not be waived through a collectiv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Debt Collection Laws: Garnishment Formula, the 6-Year Consumer Debt Rule, and Repossession, South Dakota Debt Collection Laws: The 20% Garnishment Cap and 120-Day Lien, Wage Theft in the U.S.: Your Rights Regardless of Immigration Status
§ 213ExemptionsIn forcecited in 13 of our articles
The provisions of sections 206 (except subsection (d) in the case of paragraph (1) of this subsection) and 207 of this title shall not apply with respect to— any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of subchapter II of chapter 5 of title 5, except that an employee of a retail or service establishment shall not be excluded from the definition of employee employed in a bona fide executive or administrative capacity because of the number of hours in his workweek which he devotes to activities not directly or closely related to the performance of executive or administrative activities, if less than 40 per centum of his hours worked in the workweek are devoted to such activities); or Repealed. Pub. L. 101–157, § 3(c)(1), Nov. 17, 1989, 103 Stat. 939.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 3,281 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Christopher v. Smithkline Beecham Corp. (Supreme Court of the United States 2012, 567 U.S. 142)“…mployed . . . in the capacity of [an] outside salesman.” 29 U. S. C. § 213 (a)(1) (emphasis added). “Capacity,” us…”
- Jeffery v. Sarasota White Sox, Inc. (Court of Appeals for the Eleventh Circuit 1995, 64 F.3d 590)“…the overtime provisions of the FLSA under 29 U.S.C. § 213(a)(3). Plaintiff claims that th…”
- Encino Motorcars, LLC v. Navarro (Supreme Court of the United States 2016, 579 U.S. 211)“…ments of 1966, §209, 80 Stat. 836, codified as amended at 29 U. S. C. §213(b)(10)(A). Congress authorized the Depa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: The 2024 Overtime Rule Is Officially Dead: Courts Vacated It and the DOL Restored the $35,568 Salary Threshold, Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate, Idaho Minimum Wage 2026: $7.25 an Hour, Tips and Local Rules
§ 214Employment under special certificatesIn forcecited in 7 of our articles
The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulations or by orders provide for the employment of learners, of apprentices, and of messengers employed primarily in delivering letters and messages, under special certificates issued pursuant to regulations of the Secretary, at such wages lower than the minimum wage applicable under section 206 of this title and subject to such limitations as to time, number, proportion, and length of service as the Secretary shall prescribe. The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by special certificate issued under a regulation or order provide, in accordance with subparagraph (B), for the employment, at a wage rate not less than 85 per centum of the otherwise applicable wage rate in effect under section 206 of this title or not less than $1.60 an hour, whichever is the higher, of full-time students (regardless of age but in compliance with applicable child labor laws) in retail or service establishments.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Walling v. Portland Terminal Co. (Supreme Court of the United States 1947, 330 U.S. 148)“…14 (1) Fair Labor Standards Act, 52 Stat. 1060 , 1068, 29 U.S.C. § 214 (1). See also § 13 (a) (7). § 14 (2) p…”
- Souder v. Brennan (District Court, District of Columbia 1973, 367 F. Supp. 808)“…ary procedures [including any special certifications under 29 U.S.C. § 214 ] whereby every patient-worker in such…”
- William R. Ballou v. General Electric Company (Court of Appeals for the First Circuit 1970, 433 F.2d 109)“…student from the coverage of the law, the Court noted that 29 U.S.C. § 214 permitted employers to pay less than m…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Minimum Wage 2026: $7.25 Federal, No State Rate, Mississippi Minimum Wage 2026: $7.25 Federal, No State Rate, Tennessee Minimum Wage 2026: $7.25 Federal, No State Rate
§ 215Prohibited acts; prima facie evidenceIn forcecited in 33 of our articles
After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,632 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., Defendants (Court of Appeals for the First Circuit 1979, 600 F.2d 1003)“…available under the FLSA. A relevant starting point may be 29 U.S.C. § 215 (a)(3), which prohibits the retaliatory…”
- United States v. Universal C. I. T. Credit Corp. (Supreme Court of the United States 1952, 344 U.S. 218)“…1060 , *219 1068-1069, as amended, 63 Stat. 910 , 919, 29 U. S. C. §§ 215 , 216 (a), charging the defendant corpo…”
- Mitchell v. Robert DeMario Jewelry, Inc. (Supreme Court of the United States 1960, 361 U.S. 288)“…he three employees in violation of § 15 (a)(3) of the Act, 29 U. S. C. § 215 (a)(3), and' praying for an. order enj…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Employer Threatening to Call Immigration? Your Rights in the U.S., Connecticut Minimum Wage 2026: $16.94 an Hour ($17.48 in 2027)
§ 216PenaltiesIn forcecited in 46 of our articles
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 9,526 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The Supreme Court treats Section 216(b) as the FLSA's private-suit clause. Alden v. Maine (1999) held Article I gives Congress no power to subject nonconsenting states to such private damages suits in their own courts. Christensen v. Harris County (2000) applied Section 216(b)'s requirement that plaintiffs prove a Section 207 violation.
Opinions citing this section in our collection:
- Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…abor Standards Act, § 16 (b), 52 Stat. 1069 , as amended, 29 U. S. C. § 216 (b); Longshoremen's and Harbor Workers…”
- Roadway Express, Inc. v. Piper (Supreme Court of the United States 1980, 447 U.S. 752)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V).” Id., at 6…”
- Hutto v. Finney (Supreme Court of the United States 1979, 437 U.S. 678)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V). [29] See…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Unpaid Wages: How to File a Claim and Recover What You're Owed, Independent Contractor vs. Employee: The IRS, DOL and ABC Tests, Alaska Minimum Wage 2026: $14.00 an Hour, $15.00 in July 2027
§ 218Relation to other lawsIn forcecited in 52 of our articles
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 312 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion (Court of Appeals for the Ninth Circuit 2000, 208 F.3d 1144)“…wage, hour, and child labor legislation. See 29 U.S.C. § 218 (a). 1 *1151…”
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert Klinghoffer (Court of Appeals for the Second Circuit 1961, 285 F.2d 487)“…agreement to accept reduced pay is valid, notwithstanding 29 U.S.C. § 218 . White v. Witwer Grocer Co., 8 Cir.,…”
- Pacific Merchant Shipping Ass'n v. Aubry (Court of Appeals for the Ninth Circuit 1990, 918 F.2d 1409)“…han the maximum workweek established under this chapter. 29 U.S.C. Section 218 (a). The employees and the United State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Minimum Wage 2026: $15.15 Per Hour, $15.65 in 2027, Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules, California Minimum Wage 2026: $16.90 an Hour, $17.40 in 2027
§ 255Statute of limitationsIn forcecited in 39 of our articles
Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 1 See References in Text note below. — if the cause of action accrues on or after May 14, 1947 —may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; if the cause of action accrued prior to May 14, 1947 —may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods; if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b)…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,924 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Kimel v. Florida Board of Regents (Supreme Court of the United States 2000, 528 U.S. 62)“…added to the statute of limitations provision of the FLSA, 29 U. S. C. § 255 , a new subsection (d), which suspended…”
- Oscar Mayer & Co. v. Evans (Supreme Court of the United States 1979, 441 U.S. 750)“…title shall apply to actions under this chapter." Title 29 U. S. C. § 255 provides in relevant part: "Any acti…”
- Phyllis Miller v. Maxwell's International Inc., Dba Maxwell's Plum, Debtor in Possession Carlo Galazzo, Gen. Mgt., Dino La Rosa Don Bohn Don Schupak (Court of Appeals for the Ninth Circuit 1993, 991 F.2d 583)“…o a more generous three-year statute of limitations. See 29 U.S.C. § 255 (a) (1988) (three-year statute of limit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Colorado Minimum Wage 2026: $15.16, $15.71 in 2027, Hawaii Minimum Wage 2026: $16.00 an Hour, Next Step $18.00 in 2028, Indiana Minimum Wage 2026: $7.25 an Hour, Same as Federal
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Sources and References
- U.S. Department of Labor, State Minimum Wage Laws (updated July 1, 2026)(www.dol.gov).gov
- South Carolina Code Title 41 (Labor and Labor Regulations), chapter index(www.scstatehouse.gov).gov
- S.C. Code Title 6, Chapter 1 (6-1-130, political subdivisions and minimum wage rates)(www.scstatehouse.gov).gov
- S.C. Code Title 41, Chapter 6 (Subminimum Wages, 41-6-10)(www.scstatehouse.gov).gov
- S.C. Code Title 41, Chapter 10 (Payment of Wages, including 41-10-80)(www.scstatehouse.gov).gov
- South Carolina LLR, Payment of Wages(llr.sc.gov).gov
- South Carolina Legislature, H. 3226 (2025-26) bill history(www.scstatehouse.gov).gov
- South Carolina Legislature, H. 3809 (2025-26) bill history(www.scstatehouse.gov).gov
- 29 U.S.C. 206 (minimum wage), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 203 (definitions), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 213 (exemptions), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 214 (employment under special certificates), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 218 (relation to other laws), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 216 (penalties), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 255 (statute of limitations), Cornell LII(www.law.cornell.edu)
- 29 U.S.C. 215 (prohibited acts), Cornell LII(www.law.cornell.edu)
- U.S. Department of Labor Wage and Hour Division, Minimum Wage FAQ(www.dol.gov).gov
- U.S. Department of Labor Wage and Hour Division, file a complaint(www.dol.gov).gov
- U.S. Department of Labor, Minimum Wages for Tipped Employees(www.dol.gov).gov