PRINTER'S NO. 2615
No. 2045 Session of 1999
INTRODUCED BY LEH, FREEMAN, HENNESSEY, JOSEPHS, LAUGHLIN,
ROBERTS, RUBLEY, SAYLOR, SOLOBAY, STEELMAN, SURRA, TIGUE,
WILT AND WOJNAROSKI, NOVEMBER 9, 1999
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 9, 1999
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," providing for protection of employment.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
15 as the Pennsylvania Election Code, is amended by adding a
16 section to read:
17 Section 413.1. Protection of Employment of Election
18 Officers, Clerks, Machine Inspectors and Overseers.--(a) An
19 employer shall not deprive an employe of his or her employment,
20 seniority position or benefits, including, but not limited to,
21 vacation benefits, or threaten or otherwise coerce him with
22 respect thereto, because the employe serves as an election
1 officer, clerk, machine inspector or overseer. Nothing in this
2 section shall be construed to require the employer to compensate
3 the employe for employment time lost because of such service.
4 (b) An employer who violates subsection (a) commits a
5 summary offense.
6 (c) If an employer penalizes an employe in violation of
7 subsection (a), the employe may bring a civil action for
8 recovery of wages and benefits lost as a result of the violation
9 and for an order requiring the reinstatement of the employe.
10 Damages recoverable shall not exceed wages and benefits actually
11 lost. If the employe prevails, he shall be allowed a reasonable
12 attorney's fee fixed by the court.
13 (d) Subsection (a) shall not apply to any employer in any
14 retail or service industry employing fewer than twenty-five
15 persons or any employer in any manufacturing industry employing
16 fewer than fifty persons.
17 Section 2. This act shall take effect in 60 days.
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