PRINTER'S NO. 1643
No. 1435 Session of 1979
INTRODUCED BY THOMAS, HELFRICK AND SIRIANNI, MAY 31, 1979
REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 31, 1979
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," providing for the definition of "senior citizen"
9 and for employment of senior citizens under special
10 certificates.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 3, act of January 17, 1968 (P.L.11,
14 No.5), known as "The Minimum Wage Act of 1968," is amended by
15 adding a definition to read:
16 Section 3. Definitions.--As used in this act:
17 * * *
18 (j) "Senior citizen" includes any person sixty-two years of
19 age and older.
20 Section 2. Subsection (b) of section 4 of the act, amended
21 July 1, 1978 (P.L.735, No.135), is amended to read:
22 Section 4. Minimum Wages.--Except as may otherwise be
1 provided under this act:
2 * * *
3 (b) The secretary, to the extent necessary to prevent
4 curtailment of employment opportunities, shall by regulations
5 provide for the employment of learners [and], students, and
6 senior citizens, under special certificates at wages lower than
7 the minimum wage applicable under this section, and subject to
8 such limitations as to number, proportion and length of service
9 as the secretary shall prescribe: Provided, That the minimum
10 wage prescribed under this subsection (b) shall not be less than
11 eighty-five percent of the otherwise applicable wage rate in
12 effect under section 4. A special certificate issued under this
13 subsection shall provide that for six or less students or senior
14 citizens for whom it is issued shall, except during vacation
15 periods, be employed on a part-time basis and not in excess of
16 twenty hours in any workweek at a sub-minimum rate: Provided
17 however, That the vacation period limitation shall not be
18 applicable to senior citizens.
19 In the case of an employer who intends to employ seven or
20 more students, at a sub-minimum rate, the secretary may issue a
21 special certificate only if the employer certifies to the
22 secretary that employment of such students will not create a
23 substantial probability of reducing the full-time employment
24 opportunities for other workers.
25 * * *
26 Section 3. This act shall take effect immediately.
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