PRINTER'S NO. 3049
No. 2363 Session of 1980
INTRODUCED BY PISTELLA, KUKOVICH, COWELL, SEVENTY, B. D. CLARK,
HOEFFEL, ITKIN AND PRATT, MARCH 11, 1980
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 11, 1980
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," establishing the maximum hours an employer may
9 require an employe to work and providing for a meal period.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 1, act of January 17, 1968 (P.L.11,
13 No.5), known as "The Minimum Wage Act of 1968," is amended to
14 read:
15 Section 1. Declaration of Policy.--(a) Employes are
16 employed in some occupations in the Commonwealth of Pennsylvania
17 for wages unreasonably low and not fairly commensurate with the
18 value of the services rendered. Such a condition is contrary to
19 public interest and public policy commands its regulation.
20 Employes employed in such occupations are not as a class on a
21 level of equality in bargaining with their employers in regard
1 to minimum fair wage standards, and "freedom of contract" as
2 applied to their relations with their employers is illusory.
3 Judged by any reasonable standard, wages in such occupations are
4 often found to bear no relation to the fair value of the
5 services rendered. In the absence of effective minimum fair wage
6 rates for employes, the depression of wages by some employers
7 constitutes a serious form of unfair competition against other
8 employers, reduces the purchasing power of the workers and
9 threatens the stability of the economy. The evils of
10 unreasonable and unfair wages as they affect some employes
11 employed in the Commonwealth of Pennsylvania are such as to
12 render imperative the exercise of the police power of the
13 Commonwealth for the protection of industry and of the employes
14 employed therein and of the public interest of the community at
15 large.
16 (b) It is also contrary to the public interest and public
17 policy of this Commonwealth for employers to insist that
18 employes work excessively long hours, and to discharge those
19 employes who refuse, either because of health or inconvenience,
20 to work overtime hours. The evils of unreasonable and unfair
21 hours as they affect some employes employed in this Commonwealth
22 also render imperative the exercise of the police power of the
23 Commonwealth for the protection of industry and of the employes
24 employed therein and of the public interest of the community at
25 large.
26 Section 2. Section 8 of the act is amended to read:
27 Section 8. Duty of Employer.--(a) Every employer of
28 employes shall keep a true and accurate record of the hours
29 worked by each employe and the wages paid to each, and shall
30 furnish to the secretary or his duly authorized representative,
19800H2363B3049 - 2 -
1 upon demand, a sworn statement of the same. Such records shall
2 be open to inspection by any duly authorized representative of
3 the secretary at any reasonable time and shall be preserved for
4 a period of three years. Every employer subject to this act
5 shall keep a summary of this act and any regulations issued
6 thereunder applicable to him, posted in a conspicuous place
7 where employes normally pass and can read it. Employers shall,
8 upon request, be furnished copies of such summaries without
9 charge. Employers shall permit any duly authorized
10 representative of the secretary to interrogate any employe in
11 the place of employment and during work hours with respect to
12 the wages paid to and the hours worked by such employe or other
13 employes.
14 (b) An employer who is subject to this act may not require
15 any employe to work more than forty hours per week, nor take any
16 punitive action against, any employe who refuses to work more
17 than forty hours per week, unless otherwise specified by a bona
18 fide union contract. However, an employe may work more than
19 forty hours per week, if he or she freely consents to do so.
20 (c) Every employe shall be allowed a meal period between the
21 first four and one-half to six hours of continuous work. The
22 meal period required shall be of not less than thirty minutes
23 duration. There is no requirement for compensation for the
24 thirty minute meal period.
25 Section 3. Section 9 of the act is amended to read:
26 Section 9. Enforcement; Rules and Regulations.--The
27 secretary shall enforce this act. He shall make and, from time
28 to time, revise regulations, with the assistance of the board,
29 when requested by him, which shall be deemed appropriate to
30 carry out the purposes of this act and to safeguard the minimum
19800H2363B3049 - 3 -
1 wage rates and the maximum required working hours and meal
2 period thereby established. Such regulations may include, but
3 are not limited to, regulations defining and governing bona fide
4 executive, administrative, or professional employes and outside
5 salesmen, learners and apprentices, their number, proportion,
6 length of learning period, and other working conditions;
7 handicapped workers; part-time pay; overtime standards; bonuses;
8 allowances for board, lodging, apparel, or other facilities or
9 services customarily furnished by employers to employes;
10 allowances for gratuities; or allowances for such other special
11 conditions or circumstances which may be incidental to a
12 particular employer-employe relationship.
13 Section 4. This act shall take effect immediately.
B27L38WMB/19800H2363B3049 - 4 -