PRINTER'S NO. 2682
No. 2078 Session of 1987
INTRODUCED BY FREEMAN, COHEN, VEON, KUKOVICH, ACOSTA, LaGROTTA,
BELARDI, JAROLIN, BILLOW, PISTELLA AND WOZNIAK, DECEMBER 15,
1987
REFERRED TO COMMITTEE ON LABOR RELATIONS, DECEMBER 15, 1987
AN ACT
1 Requiring that certain employers call back laid-off employees
2 before imposing mandatory overtime on fully employed workers.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Laid-off employee." Any employee who has been laid off by
10 the employer in the past two years or as defined by the
11 pertinent collective bargaining agreement, whichever is greater.
12 "Mandatory overtime." Any hours that an employee is required
13 to work, without his consent, that are in excess of his
14 regularly scheduled hours for a regular workweek as established
15 by past scheduling practices of the employer.
16 Section 2. Use of employees.
17 Employers employing 50 or more employees shall, during times
1 when some of these employees are laid off, call back laid-off
2 employees to work before imposing mandatory overtime on those
3 employees who are working a regular work schedule.
4 Section 3. Penalty.
5 Any employer, whether an individual, partnership or
6 corporation, who violates this act shall, upon conviction, be
7 sentenced to pay a fine of $500 to the Unemployment Compensation
8 Fund for each individual laid off per each day mandatory
9 overtime is imposed by the employer.
10 Section 4. Effective date.
11 This act shall take effect immediately.
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