PRINTER'S NO. 549
No. 522 Session of 1981
INTRODUCED BY DOMBROWSKI, FEE, CAPPABIANCA AND DeMEDIO,
FEBRUARY 10, 1981
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 10, 1981
AN ACT
1 Amending the act of July 14, 1961 (P.L.637, No.329), entitled
2 "An act relating to the payment of wages or compensation for
3 labor or services; providing for regular pay days; conferring
4 powers and duties upon the Department of Labor and Industry,
5 including powers and duties with respect to the civil
6 collection of wages; providing civil and criminal penalties
7 for violations of the act; providing for their collection and
8 disposition and providing for additional civil damages,"
9 adding definitions and providing for the frequency of wage
10 payments.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 2.1, act of July 14, 1961 (P.L.637,
14 No.329), known as the "Wage Payment and Collection Law," is
15 amended by adding definitions to read:
16 Section 2.1. Definitions.--The following words and phrases
17 when used in this act shall have, unless the context clearly
18 indicates otherwise, the meanings given to them in this section:
19 * * *
20 "Commission salesman," means any employe whose principal
21 activity is the selling of any goods, wares, merchandise,
1 services, real estate, securities, insurance or any other
2 article or thing and whose earnings are based in whole or in
3 part on commissions.
4 * * *
5 "Manual worker," means a mechanic, working man or laborer.
6 * * *
7 Section 2. The act is amended by adding a section to read:
8 Section 3.1. Frequency of Wage Payments.--Every employer
9 shall pay wages in accordance with the following provisions:
10 (1) A manual worker shall be paid weekly and not later than
11 7 calendar days after the week in which the wages were earned:
12 Provided, however, That a manual worker employed by a nonprofit
13 organization may be paid in accordance with the agreed terms of
14 employment, but shall not be paid less frequently than semi-
15 monthly.
16 (2) A commission salesman shall be paid the wages, salary,
17 drawing account, commissions and all other moneys earned or
18 payable in accordance with the agreed terms of employment, but
19 not less frequently than once in each month and not later than
20 the last day of the month following the month in which they are
21 earned: Provided, however, That if monthly or more frequent
22 payment of wages, salary, drawing accounts or commissions are
23 substantial, then additional compensation earned, including but
24 not limited to extra or incentive earnings, bonuses and special
25 payments, may be paid less frequently than once in each month,
26 but in no event later than the time provided in the employment
27 agreement or compensation plan. The employer shall furnish a
28 commission salesman, upon written request, a statement of
29 earnings paid or due and unpaid.
30 (3) Other workers shall be paid the wages earned in
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1 accordance with the agreed terms of employment, but not less
2 frequently than semi-monthly, on regular pay days designated in
3 advance by the employer.
4 (4) No employe shall be required as a condition of
5 employment to accept wages at periods other than as provided in
6 this section.
7 Section 3. This act shall take effect in 90 days.
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