South Carolina may join the growing list of states that prohibit political subdivisions from requiring employers to provide paid sick leave. Senate Bill 218 would ban political subdivisions from requiring employers to provide employees an “employee benefit”, defined as “anything of value that an employee may receive from an employer in addition to wages.” The list of examples of employee benefits includes paid sick leave and paid personal necessity leave. No political subdivision of South Carolina has enacted a PSL law.
As I have noted in a prior post, the political composition of a state legislature, and its status as a red or blue state, are significant factors in determining whether to enact a PSL law or, in this case, preemption of such a law. South Carolina was a red state last November, giving President Donald Trump 54.9% of the vote. The state government is a “trifecta: Governor Henry McMaster is a Republican and Republicans have majorities in both houses of the legislature. Based on the political makeup of the state government, it would be a reasonable bet that South Carolina will soon be added to my list of preemption states.