See other bills
under the
same topic
        PRIOR PRINTER'S NOS. 280, 3290                PRINTER'S NO. 3872

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 257 Session of 2005


        INTRODUCED BY COHEN, BELFANTI, J. TAYLOR, DeWEESE, VEON, THOMAS,
           STETLER, BELARDI, BISHOP, BLAUM, KENNEY, FREEMAN, McGEEHAN,
           WALKO, WATERS, LaGROTTA, MELIO, OLIVER, SANTONI, MANDERINO,
           WASHINGTON, McCALL, W. KELLER, PISTELLA, TIGUE, JAMES, SURRA,
           HARHAI, LEVDANSKY, ROEBUCK, TANGRETTI, GERGELY, BEBKO-JONES,
           WOJNAROSKI, DALEY, STURLA, ROONEY, CAWLEY, WHEATLEY, MUNDY,
           CURRY, CALTAGIRONE, LEACH, RUFFING, FRANKEL, GEORGE, EACHUS,
           WILLIAMS, RAMALEY, STABACK, CRUZ, YOUNGBLOOD, SAMUELSON,
           KIRKLAND, YUDICHAK, GRUCELA, COSTA, BUTKOVITZ, BLACKWELL,
           MYERS, DeLUCA, D. EVANS, BUXTON, LESCOVITZ, PRESTON,
           DONATUCCI, CASORIO, JOSEPHS, PALLONE, SHANER, SOLOBAY,
           GOODMAN, RIEGER, CORRIGAN, DERMODY, PETRONE, YEWCIC, LEDERER,
           PETRARCA, SIPTROTH, FABRIZIO, PARKER AND SABATINA,
           FEBRUARY 8, 2005

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           APRIL 5, 2006

                                     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," further providing for minimum wage.
     9  AMENDING THE ACT OF JANUARY 17, 1968 (P.L.11, NO.5), ENTITLED     <--
    10     "AN ACT ESTABLISHING A FIXED MINIMUM WAGE AND OVERTIME RATES
    11     FOR EMPLOYES, WITH CERTAIN EXCEPTIONS; PROVIDING FOR MINIMUM
    12     RATES FOR LEARNERS AND APPRENTICES; CREATING A MINIMUM WAGE
    13     ADVISORY BOARD AND DEFINING ITS POWERS AND DUTIES; CONFERRING
    14     POWERS AND IMPOSING DUTIES UPON THE DEPARTMENT OF LABOR AND
    15     INDUSTRY; IMPOSING DUTIES ON EMPLOYERS; AND PROVIDING
    16     PENALTIES," FURTHER PROVIDING FOR MINIMUM WAGE; AND PROVIDING
    17     FOR PREEMPTION.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:

     1     Section 1.  Section 4(a) and (a.1) of the act of January 17,   <--
     2  1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968,
     3  amended or added December 15, 1988 (P.L.1232, No.150), are
     4  amended to read:
     5     Section 4.  Minimum Wages.--Except as may otherwise be
     6  provided under this act:
     7     (a)  Every employer shall pay to each of his employes wages
     8  for all hours worked at a rate of not less than:
     9     (1)  Two dollars sixty-five cents ($2.65) an hour upon the
    10  effective date of this amendment.
    11     (2)  Two dollars ninety cents ($2.90) an hour during the year
    12  beginning January 1, 1979.
    13     (3)  Three dollars ten cents ($3.10) an hour during the year
    14  beginning January 1, 1980.
    15     (4)  Three dollars thirty-five cents ($3.35) an hour after
    16  December 31, 1980.
    17     (5)  Three dollars seventy cents ($3.70) an hour beginning
    18  February 1, 1989[, and thereafter].
    19     (6)  Five dollars seventy cents ($5.70) an hour beginning
    20  January 1, 2006.
    21     (7)  Six dollars twenty-five cents ($6.25) an hour beginning
    22  January 1, 2007.
    23     (a.1)  If the minimum wage set forth in the Fair Labor
    24  Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.)
    25  is increased above [three dollars thirty-five cents ($3.35) an
    26  hour] the minimum wage required under this section, the minimum
    27  wage required under this section shall be increased by the same
    28  amounts and effective the same date as the increases under the
    29  Fair Labor Standards Act, and the provisions of subsection (a)
    30  are suspended to the extent they differ from those set forth
    20050H0257B3872                  - 2 -     

     1  under the Fair Labor Standards Act.
     2     * * *
     3     Section 2.  The increase in the minimum wage under section
     4  4(a) of the act shall not apply to minors subject to the act of
     5  May 13, 1915 (P.L.286, No.177), known as the Child Labor Law,
     6  except those minors described in section 7.2 of the Child Labor
     7  Law.
     8     Section 3.  This act shall take effect immediately.
     9     SECTION 1.  SECTION 4(A) AND (A.1) OF THE ACT OF JANUARY 17,   <--
    10  1968 (P.L.11, NO.5), KNOWN AS THE MINIMUM WAGE ACT OF 1968,
    11  AMENDED OR ADDED DECEMBER 15, 1988 (P.L.1232, NO.150), ARE
    12  AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
    13  READ:
    14     SECTION 4.  MINIMUM WAGES.--EXCEPT AS MAY OTHERWISE BE
    15  PROVIDED UNDER THIS ACT:
    16     (A)  EVERY EMPLOYER SHALL PAY TO EACH OF HIS EMPLOYES WAGES
    17  FOR ALL HOURS WORKED AT A RATE OF NOT LESS THAN:
    18     (1)  TWO DOLLARS SIXTY-FIVE CENTS ($2.65) AN HOUR UPON THE
    19  EFFECTIVE DATE OF THIS AMENDMENT.
    20     (2)  TWO DOLLARS NINETY CENTS ($2.90) AN HOUR DURING THE YEAR
    21  BEGINNING JANUARY 1, 1979.
    22     (3)  THREE DOLLARS TEN CENTS ($3.10) AN HOUR DURING THE YEAR
    23  BEGINNING JANUARY 1, 1980.
    24     (4)  THREE DOLLARS THIRTY-FIVE CENTS ($3.35) AN HOUR AFTER
    25  DECEMBER 31, 1980.
    26     (5)  THREE DOLLARS SEVENTY CENTS ($3.70) AN HOUR BEGINNING
    27  FEBRUARY 1, 1989[, AND THEREAFTER].
    28     (6)  SIX DOLLARS TWENTY-FIVE CENTS ($6.25) AN HOUR BEGINNING
    29  JULY 1, 2006.
    30     (7)  SEVEN DOLLARS FIFTEEN CENTS ($7.15) AN HOUR BEGINNING
    20050H0257B3872                  - 3 -     

     1  JULY 1, 2007.
     2     (A.1)  IF THE MINIMUM WAGE SET FORTH IN THE FAIR LABOR
     3  STANDARDS ACT OF 1938 (52 STAT. 1060, 29 U.S.C. § 201 ET SEQ.)
     4  IS INCREASED ABOVE [THREE DOLLARS THIRTY-FIVE CENTS ($3.35) AN
     5  HOUR] THE MINIMUM WAGE REQUIRED UNDER THIS SECTION, THE MINIMUM
     6  WAGE REQUIRED UNDER THIS SECTION SHALL BE INCREASED BY THE SAME
     7  AMOUNTS AND EFFECTIVE THE SAME DATE AS THE INCREASES UNDER THE
     8  FAIR LABOR STANDARDS ACT, AND THE PROVISIONS OF SUBSECTION (A)
     9  ARE SUSPENDED TO THE EXTENT THEY DIFFER FROM THOSE SET FORTH
    10  UNDER THE FAIR LABOR STANDARDS ACT.
    11     * * *
    12     (E)  IN LIEU OF THE MINIMUM WAGE PRESCRIBED IN SUBSECTION (A)
    13  AND NOTWITHSTANDING SUBSECTIONS (B) AND (D), AN EMPLOYER MAY,
    14  DURING THE FIRST SIXTY CALENDAR DAYS WHEN AN EMPLOYE UNDER THE
    15  AGE OF TWENTY YEARS IS INITIALLY EMPLOYED, PAY THE EMPLOYE
    16  TRAINING WAGES AT A RATE OF NOT LESS THAN THE MINIMUM WAGE SET
    17  FORTH IN SECTION 6(A) OF THE FAIR LABOR STANDARDS ACT (29 U.S.C.
    18  § 206(A)). A PERSON EMPLOYED AT THE TRAINING WAGE UNDER THIS
    19  SUBSECTION SHALL BE INFORMED OF THE AMOUNT OF THE TRAINING WAGE
    20  AND THE RIGHT TO RECEIVE THE FULL MINIMUM WAGE, OR A HIGHER
    21  WAGE, UPON COMPLETION OF THE TRAINING PERIOD. NO EMPLOYER MAY
    22  TAKE ANY ACTION TO DISPLACE EXISTING EMPLOYES, INCLUDING PARTIAL
    23  DISPLACEMENTS SUCH AS REDUCTION IN THE HOURS, WAGES OR
    24  EMPLOYMENT BENEFITS OF EXISTING EMPLOYES, FOR PURPOSES OF HIRING
    25  INDIVIDUALS AT THE TRAINING WAGE AUTHORIZED BY THIS SUBSECTION.
    26     SECTION 2.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    27     SECTION 13.1.  PREEMPTION.--THE REGULATION OF MINIMUM WAGES
    28  UNDER THIS ACT IS A MATTER OF EXCLUSIVE STATE CONTROL. MINIMUM
    29  WAGES MAY NOT BE REGULATED BY ANY ORDINANCE, HOME RULE CHARTER
    30  PROVISION, RESOLUTION, CONTRACT, RULE OR REGULATION OF A
    20050H0257B3872                  - 4 -     

     1  POLITICAL SUBDIVISION.
     2     SECTION 3.  ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR
     3  AS THEY ARE INCONSISTENT WITH THE ADDITION OF SECTION 13.1 OF
     4  THE ACT.
     5     SECTION 4.  THIS ACT SHALL APPLY AS FOLLOWS:
     6         (1)  THE ADDITION OF SECTION 13.1 OF THE ACT SHALL NOT
     7     INVALIDATE ANY ORDINANCE, CHARTER PROVISION, RESOLUTION, RULE
     8     OR REGULATION IN EFFECT ON THE EFFECTIVE DATE OF THIS
     9     SECTION.
    10         (2)  THE FOLLOWING PROVISIONS SHALL APPLY TO CONTRACTS
    11     ENTERED INTO OR RENEWED ON OR AFTER THE EFFECTIVE DATE OF
    12     THIS SECTION:
    13             (I)  THE ADDITION OF SECTION 13.1 OF THE ACT.
    14             (II)  SECTION 3 OF THIS ACT.
    15     SECTION 5.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.










    A25L43JLW/20050H0257B3872        - 5 -