AN ACT

 

1Amending the act of July 14, 1961 (P.L.637, No.329), entitled
2"An act relating to the payment of wages or compensation for
3labor or services; providing for regular pay days; conferring
4powers and duties upon the Department of Labor and Industry,
5including powers and duties with respect to the civil
6collection of wages; providing civil and criminal penalties
7for violations of the act; providing for their collection and
8disposition and providing for additional civil damages,"
9further providing for definitions and for regular payday.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 2.1 of the act of July 14, 1961 (P.L.637,
13No.329), known as the Wage Payment and Collection Law, is
14amended by adding a definition to read:

15Section 2.1. Definitions.--The following words and phrases
16when used in this act shall have, unless the context clearly
17indicates otherwise, the meanings given to them in this section:

18* * *

19"Payroll debit card." A prepaid card, code or other device 
20issued and distributed to an employe by an employer, or by
 

1another entity by arrangement with the employer, through which 
2the employer provides the employe access to the employe's wages.

3* * *

4Section 2. Section 3 of the act, amended July 14, 1977
5(P.L.82, No.30), is amended to read:

6Section 3. Regular Payday.--(a) Wages other than fringe
7benefits and wage supplements. Every employer shall pay all
8wages, other than fringe benefits and wage supplements, due to
9his employes on regular paydays designated in advance by the
10employer. Overtime wages may be considered as wages earned and
11payable in the next succeeding pay period. All wages, other than
12fringe benefits and wage supplements, earned in any pay period
13shall be due and payable within the number of days after the
14expiration of said pay period as provided in a written contract
15of employment or, if not so specified, within the standard time
16lapse customary in the trade or within 15 days from the end of
17such pay period. The wages shall be paid in lawful money of the
18United States or check, except that deductions provided by law,
19or as authorized by regulation of the Department of Labor and
20Industry for the convenience of the employe, may be made
21including deductions of contributions to employe benefit plans
22which are subject to the Employee Retirement Income Security Act
23of 1974, 29 U.S.C. § 1001 et seq. The wages may not be paid via 
24payroll debit card.

25(b) Fringe benefits and wage supplements. Every employer who
26by agreement deducts union dues from employes' pay or agrees to
27pay or provide fringe benefits or wage supplements, must remit
28the deductions or pay or provide the fringe benefits or wage
29supplements, as required, within 10 days after such payments are
30required to be made to the union in case of dues or to a trust

1or pooled fund, or within 10 days after such payments are
2required to be made directly to the employe, or within 60 days
3of the date when proper claim was filed by the employe in
4situations where no required time for payment is specified.

5Section 3. This act shall take effect in 60 days.