1Amending the act of August 15, 1961 (P.L.987, No.442), entitled
2"An act relating to public works contracts; providing for
3prevailing wages; imposing duties upon the Secretary of Labor
4and Industry; providing remedies, penalties and repealing
5existing laws," further providing for definitions; further<- 
6providing for specifications; and providing for protection of 
7workmen.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

<-10Section 1. Section 2 of the act of August 15, 1961 (P.L.987, 
11No.442), known as the Pennsylvania Prevailing Wage Act, amended
12August 9, 1963 (P.L.653, No.342), is amended to read:

<-13Section 1. Sections 2 and 3 of the act of August 15, 1961
14(P.L.987, No.442), known as the Pennsylvania Prevailing Wage
15Act, amended August 9, 1963 (P.L.653, No.342), are amended to
16read:

17Section 2. Definitions.--As used in this act--

18(1) "Department" means Department of Labor and Industry of 

1the Commonwealth of Pennsylvania.

2(2) "Locality" means any political subdivision, or 
3combination of the same, within the county in which the public 
4work is to be performed. When no workmen for which a prevailing 
5minimum wage is to be determined hereunder are employed in the 
6locality, the locality may be extended to include adjoining 
7political subdivisions where such workmen are employed in those 
8crafts or trades for which there are no workmen employed in the 
9locality as otherwise herein defined.

10(3) "Maintenance work" means the repair of existing 
11facilities when the size, type or extent of such facilities is 
12not thereby changed or increased. The term includes the 
13following actions taken on roads:

14(i) Replacement in kind, or compliance with current
15Department of Transportation design criteria and standards, of
16guide rails, curbs, pipes, line painting and other related road
17equipment.

18(ii) Repair of pavement service by:

19(A) laying bituminous material up to three and a half inches
20thick or up to four hundred twenty pounds per square yard on
21asphalt pavement, cement concrete or other hard surface,
22including associated milling, and related work raising existing
23paved shoulders to new grade; or

24(B) patching of cement concrete surface to include joint
25spalling and repair work.

26(iii) Widening of existing alignment which does not result
27in additional lanes or new shoulders.

28(iv) Bridge cleaning, washing, resurfacing with blacktop,
29minor nonstructural repairs or improvements and painting, except
30when combined with complete bridge rehabilitation.

1(4) "Public body" means the Commonwealth of Pennsylvania, 
2any of its political subdivisions, any authority created by the 
3General Assembly of the Commonwealth of Pennsylvania and any 
4instrumentality or agency of the Commonwealth of Pennsylvania.

5(5) "Public work" means construction, reconstruction, 
6demolition, alteration and/or repair work other than maintenance 
7work, done under contract and paid for in whole or in part out 
8of the funds of a public body where the estimated cost of the 
9total project is in excess of twenty-five thousand dollars 
10($25,000), but shall not include work performed under a 
11rehabilitation or manpower training program. The term includes 
12combination maintenance/rehabilitation/reconstruction road 
13projects on existing alignment in which nonmaintenance items 
14exceed fifteen percent of the total project cost.

15(6) "Secretary" means the Secretary of Labor and Industry or 
16his duly authorized deputy or representative.

17(7) "Workman" includes laborer, mechanic, skilled and semi-
18skilled laborer and apprentices employed by any contractor or 
19subcontractor and engaged in the performance of services 
20directly upon the public work project, regardless of whether 
21their work becomes a component part thereof, but does not 
22include material suppliers or their employes who do not perform 
23services at the job site.

24(8) "Work performed under a rehabilitation program," means 
25work arranged by and at a State institution primarily for 
26teaching and upgrading the skills and employment opportunities 
27of the inmates of such institutions.

28(9) "Advisory Board" means the board created by section 2.1 
29of this act.

30(10) "Appeals Board" means the board created by section 2.2 

1of this act.

2Section 3. Specifications.--(a) The specifications for<-
3every contract for any public work to which any public body is a
4party, shall contain a provision stating the minimum wage rate
5that must be paid to the workmen employed in the performance of
6the contract.

7(b) No person shall intentionally divide a construction
8project into multiple parts for the purposes of circumventing
9this act.

10Section 3. The act is amended by adding a section to read:

11Section 13.1. Protection of Workmen.--(a) No contractor or
12subcontractor may discharge, threaten or otherwise discriminate
13or retaliate against a workman regarding the employe's
14compensation, terms, conditions, location or privileges of
15employment because the workman exercised his rights under
16section 11(b) or 13.

17(b) No contractor or subcontractor may discharge, threaten
18or otherwise discriminate or retaliate against an employe
19regarding the employe's compensation, terms, conditions,
20location or privilege of employment because the employe is
21requested by the secretary to participate in an investigation,
22hearing or inquiry held by the secretary or in a court action.

23(c) (1) A workman who alleges a violation of this act may
24bring a civil action in a court of competent jurisdiction for
25appropriate injunctive relief or damages, or both, within one
26hundred eighty days after the occurrence of the alleged

1violation.

2(2) It shall be a defense to an action under this section if
3the defendant proves by a preponderance of the evidence that the
4action by the employer occurred for separate and legitimate
5reasons, which are not merely pretextual.

6(d) A court, in rendering a judgment in an action brought
7under this act, shall order, as the court considers appropriate,
8reinstatement of the employe, the payment of back wages, full
9reinstatement of fringe benefits and seniority rights, damages
10or a combination of the remedies. A court may also award the
11complainant all or a portion of the costs of litigation,
12including reasonable attorney fees and witness fees, if the
13court determines that the award is appropriate.

14Section 4. The amendment of section 2 of the act shall apply
15to contracts entered into on or after the effective date of this
16section.

17Section 2 5. This act shall take effect in 60 days.<-