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                                                      PRINTER'S NO. 2993

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2264 Session of 1998


        INTRODUCED BY M. COHEN, BELFANTI, WOGAN, GEORGE, DeLUCA,
           TANGRETTI, YOUNGBLOOD, ROBINSON, BELARDI, ITKIN, STEELMAN,
           CORRIGAN, LEVDANSKY, EVANS, VEON, DeWEESE, LAUGHLIN, CORPORA,
           WOJNAROSKI, ROEBUCK, MELIO, GIGLIOTTI, HORSEY, BOSCOLA,
           TRELLO, C. WILLIAMS, MANDERINO, PETRARCA, CARN, JOSEPHS,
           RAMOS, KIRKLAND, PISTELLA, STABACK, BEBKO-JONES, CAPPABIANCA,
           MYERS, WALKO, CASORIO, LUCYK, LEDERER, JAMES, SCRIMENTI,
           OLASZ, MUNDY AND KELLER, FEBRUARY 19, 1998

        REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 19, 1998

                                     AN ACT

     1  Amending the act of January 17, 1968 (P.L.11, No.5), entitled
     2     "An act establishing a fixed minimum wage and overtime rates
     3     for employes, with certain exceptions; providing for minimum
     4     rates for learners and apprentices; creating a Minimum Wage
     5     Advisory Board and defining its powers and duties; conferring
     6     powers and imposing duties upon the Department of Labor and
     7     Industry; imposing duties on employers; and providing
     8     penalties," further providing for minimum wage.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 4(a) and (a.1) of the act of January 17,
    12  1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968,
    13  amended or added December 15, 1988 (P.L.1232, No.150), are
    14  amended to read:
    15     Section 4.  Minimum Wages.--Except as may otherwise be
    16  provided under this act:
    17     (a)  Every employer shall pay to each of his employes wages
    18  for all hours worked at a rate of not less than:

     1     (1)  Two dollars sixty-five cents ($2.65) an hour upon the
     2  effective date of this amendment.
     3     (2)  Two dollars ninety cents ($2.90) an hour during the year
     4  beginning January 1, 1979.
     5     (3)  Three dollars ten cents ($3.10) an hour during the year
     6  beginning January 1, 1980.
     7     (4)  Three dollars thirty-five cents ($3.35) an hour after
     8  December 31, 1980.
     9     (5)  Three dollars seventy cents ($3.70) an hour beginning
    10  February 1, 1989[, and thereafter].
    11     (6)  On May 1, 1998, and on each succeeding first day of May,
    12  the secretary shall set the minimum wage to equal the poverty
    13  level for a family of three, as set forth by the Department of
    14  Health, divided by two thousand eighty (2,080), rounded up to
    15  the nearest one-cent (1¢) increment, except that, if the
    16  application of this clause would effect an increase in the
    17  minimum wage of greater than fifty cents (50¢), the secretary
    18  shall set a fifty-cent (50¢) increase. On or before April 1,
    19  1998, and on or before the first day of April of each succeeding
    20  year, the secretary shall publish in the Pennsylvania Bulletin
    21  notice of the new wage rate.
    22     (a.1)  If the minimum wage set forth in the Fair Labor
    23  Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.)
    24  is increased above three dollars thirty-five cents ($3.35) an
    25  hour, the minimum wage required under this section shall be
    26  increased by the same amounts and effective the same date as the
    27  increases under the Fair Labor Standards Act, and the provisions
    28  of subsection (a) are suspended to the extent they [differ from]
    29  are less than those set forth under the Fair Labor Standards
    30  Act.
    19980H2264B2993                  - 2 -

     1     * * *
     2     Section 2.  This act shall take effect immediately.



















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