PRINTER'S NO. 174
No. 173 Session of 1981
INTRODUCED BY SALVATORE, PERZEL, MICOZZIE, J. L. WRIGHT, TELEK,
HASAY AND JACKSON, JANUARY 26, 1981
REFERRED TO COMMITTEE ON LABOR RELATIONS, JANUARY 26, 1981
AN ACT
1 Amending the act of July 14, 1961 (P.L.637, No.329), entitled
2 "An act relating to the payment of wages or compensation for
3 labor or services; providing for regular pay days; conferring
4 powers and duties upon the Department of Labor and Industry,
5 including powers and duties with respect to the civil
6 collection of wages; providing civil and criminal penalties
7 for violations of the act; providing for their collection and
8 disposition and providing for additional civil damages,"
9 further providing for regular paydays and for paydays for
10 separated employes.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Subsection (a) of section 3 and subsection (a) of
14 section 5, act of July 14, 1961 (P.L.637, No.329), known as the
15 "Wage Payment and Collection Law," amended July 14, 1977
16 (P.L.82, No.30), are amended to read:
17 Section 3. Regular Payday.--(a) Wages other than fringe
18 benefits and wage supplements. Every employer shall pay all
19 wages, other than fringe benefits and wage supplements, due to
20 his employes on regular paydays designated in advance by the
21 employer. Overtime wages may be considered as wages earned and
1 payable in the next succeeding pay period. All wages, other than
2 fringe benefits and wage supplements, earned in any pay period
3 shall be due and payable within the number of days after the
4 expiration of said pay period as provided in a written contract
5 of employment or, if not so specified, within the standard time
6 lapse customary in the trade or within [15] 3 days from the end
7 of such pay period. The wages shall be paid in lawful money of
8 the United States or check, except that deductions provided by
9 law, or as authorized by regulation of the Department of Labor
10 and Industry for the convenience of the employe, may be made
11 including deductions of contributions to employe benefit plans
12 which are subject to the Employee Retirement Income Security Act
13 of 1974, 29 U.S.C. § 1001 et seq.
14 * * *
15 Section 5. Employes Who Are Separated from Payroll before
16 Paydays.--(a) Separated Employes. Whenever an employer
17 separates an employe from the payroll, or whenever an employe
18 quits or resigns his employment, the wages or compensation
19 earned shall become due and payable not later than [the next
20 regular payday of his employer on which such wages would
21 otherwise be due and payable] 3 days from the date of the
22 employe's termination. If requested by the employe, such payment
23 shall be made by certified mail.
24 * * *
25 Section 2. It is the intent of this act that no employer
26 shall retain for longer than three days any wages earned by an
27 employe in any period other than the current pay period unless
28 otherwise provided by a collective bargaining agreement or
29 written contract of employment.
30 Section 3. This act shall take effect in 30 days.
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