PRINTER'S NO. 2050
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1360
Session of
2015
INTRODUCED BY BAKER, BROWNE, McGARRIGLE, GORDNER, SCAVELLO,
FOLMER, WHITE, MENSCH AND RAFFERTY, SEPTEMBER 6, 2016
REFERRED TO LABOR AND INDUSTRY, SEPTEMBER 6, 2016
AN ACT
Providing for statutory construction of Pennsylvania wage and
hour laws.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Statutory
Construction of Wage and Hour Laws Act.
Section 2. Declaration of purpose.
The General Assembly finds and declares as follows:
(1) Many employers in this Commonwealth are subject to
dual coverage under the Fair Labor Standards Act of 1938 (52
Stat. 1060, 29 U.S.C. § 201 et seq.) and the act of January
17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of
1968.
(2) The Congress of the United States and the United
States Department of Labor have a robust history of amending
and revising the Fair Labor Standards Act of 1938 and its
implementing regulations and interpretive guidance, including
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29 U.S.C. Ch. 9 (relating to portal-to-portal pay) and the
Final Rule (81 FR 32391), updating 29 CFR Pt. 541 (relating
to defining and delimiting the exemptions for executive,
administrative, professional, computer and outside sales
employees).
(3) The General Assembly seeks to avoid, to the greatest
extent possible and consistent with the public policy of the
Commonwealth, the burdening of employers and employees with
two different sets of Federal and State standards.
(4) As a result of the General Assembly and the
Department of Labor and Industry of the Commonwealth failing
to update in accordance with the amendments and revisions to
the Fair Labor Standards Act of 1938 and its implementing
regulations and interpretive guidance, unintended
discrepancies have arisen between Federal and State law.
(5) The discrepancies between Federal and State law have
caused confusion for employers and employees and have
resulted in instances in which good faith compliance with
Federal law has nonetheless been deemed to be in violation of
State law.
Section 3. Construction of The Minimum Wage Act of 1968.
The following apply:
(1) The act of January 17, 1968 (P.L.11, No.5), known as
The Minimum Wage Act of 1968, shall be construed in pari
materia with 29 U.S.C. Ch. 9 (relating to portal-to-portal
pay) and sections 7 and 13 and the other provisions of the
Fair Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. §
201 et seq.), including regulations in effect on or after the
effective date of this act.
(2) For the purposes of section 5(a)(5) of The Minimum
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Wage Act of 1968, the applicable salary level required to
qualify as a bona fide executive, administrative or
professional employee shall be the minimum salary or fee
level set forth under 29 CFR Pt. 541 (relating to defining
and delimiting the exemptions for executive, administrative,
professional, computer and outside sales employees) as in
effect November 30, 2016.
Section 4. Construction of this act.
Nothing in this act shall be construed to modify or repeal
the act of October 9, 2008 (P.L.1376, No.102), known as the
Prohibition of Excessive Overtime in Health Care Act.
Section 5. Repeals.
All acts and parts of acts are repealed insofar as they are
inconsistent with this act.
Section 6. Abrogation of regulations.
All regulations and parts of regulations are abrogated
insofar as they are inconsistent with this act.
Section 7. Effective date.
This act shall take effect December 1, 2016, or immediately,
whichever is later.
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