PRINTER'S NO. 1204
No. 1085 Session of 1981
INTRODUCED BY MERRY, SIRIANNI, DAIKELER, ARMSTRONG, MADIGAN,
GLADECK, SPENCER, JACKSON, A. C. FOSTER, JR., HONAMAN AND
PITTS, MARCH 31, 1981
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 31, 1981
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," adding provisions relating to minimum wages for
9 minors.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Subsection (b) of section 4, act of January 17,
13 1968 (P.L.11, No.5), known as "The Minimum Wage Act of 1968,"
14 amended July 1, 1978 (P.L.735, No.135), is amended to read:
15 Section 4. Minimum Wages.--Except as may otherwise be
16 provided under this act:
17 * * *
18 (b) [The secretary, to the extent necessary to prevent
19 curtailment of employment opportunities, shall by regulations
20 provide for the employment of learners and students, under
21 special certificates at wages lower than the minimum wage
1 applicable under this section, and subject to such limitations
2 as to number, proportion and length of service as the secretary
3 shall prescribe: Provided, That the minimum wage prescribed
4 under this subsection (b) shall not be less than eighty-five
5 percent of the otherwise applicable wage rate in effect under
6 section 4. A special certificate issued under this subsection
7 shall provide that for six or less students for whom it is
8 issued shall, except during vacation periods, be employed on a
9 part-time basis and not in excess of twenty hours in any
10 workweek at a sub-minimum rate.
11 In the case of an employer who intends to employ seven or
12 more students, at a sub-minimum rate, the secretary may issue a
13 special certificate only if the employer certifies to the
14 secretary that employment of such students will not create a
15 substantial probability of reducing the full-time employment
16 opportunities for other workers.] An employer may pay minors who
17 are employed in accordance with the provisions of the act of May
18 13, 1915 (P.L.286, No.177), known as the "Child Labor Law," at a
19 rate of not less than the following specified percentages of the
20 otherwise applicable wage rate for each age group:
21 (1) fifty percent for minors over fourteen years of age, but
22 less than fifteen years of age;
23 (2) sixty percent for minors at least fifteen years of age,
24 but less than sixteen years of age;
25 (3) seventy percent for minors at least sixteen years of
26 age, but less than seventeen years of age; or
27 (4) eighty percent for minors at least seventeen years of
28 age, but less than eighteen years of age.
29 * * *
30 Section 2. This act shall take effect July 1, 1981.
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