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                                                      PRINTER'S NO. 1217

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 926 Session of 2005


        INTRODUCED BY TARTAGLIONE, HUGHES, COSTA, FERLO, FONTANA, FUMO,
           KASUNIC, KITCHEN, LAVALLE, LOGAN, MELLOW, MUSTO, O'PAKE,
           STACK, STOUT, WASHINGTON, A. WILLIAMS, C. WILLIAMS AND
           WOZNIAK, OCTOBER 13, 2005

        REFERRED TO LABOR AND INDUSTRY, OCTOBER 13, 2005

                                     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     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 4(a) and (a.1) of the act of January 17,
    12  1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968,
    13  amended or added December 15, 1988 (P.L.1232, No.150), are
    14  amended to read:
    15     Section 4.  Minimum Wages.--Except as may otherwise be
    16  provided under this act:
    17     (a)  Every employer shall pay to each of his employes wages
    18  for all hours worked at a rate of not less than:
    19     (1)  Two dollars sixty-five cents ($2.65) an hour upon the
    20  effective date of this amendment.

     1     (2)  Two dollars ninety cents ($2.90) an hour during the year
     2  beginning January 1, 1979.
     3     (3)  Three dollars ten cents ($3.10) an hour during the year
     4  beginning January 1, 1980.
     5     (4)  Three dollars thirty-five cents ($3.35) an hour after
     6  December 31, 1980.
     7     (5)  Three dollars seventy cents ($3.70) an hour beginning
     8  February 1, 1989[, and thereafter].
     9     (6)  Six dollars and twenty-five cents ($6.25) an hour during
    10  the year beginning January 1, 2006.
    11     (7)  Seven dollars and fifteen cents ($7.15) an hour during
    12  the year beginning January 1, 2007.
    13     (8)  Beginning January 1, 2008, and each succeeding January 1
    14  thereafter, the minimum wage shall be increased by an annual
    15  cost-of-living adjustment calculated by applying the percentage
    16  change in the Consumer Price Index for All Urban Consumers (CPI-
    17  U) for the Pennsylvania, New Jersey, Delaware and Maryland area,
    18  for the most recent twelve month-period for which figures have
    19  been officially reported by the United States Department of
    20  Labor, Bureau of Labor Statistics sixty days prior to the date
    21  the adjustment is due to take effect, to the then current salary
    22  amounts. The percentage increase and the minimum wage amounts
    23  shall be determined by the secretary as herein prescribed and
    24  public notice given in the Pennsylvania Bulletin within ten days
    25  of the date such determination is made.
    26     (a.1)  If the minimum wage set forth in the Fair Labor
    27  Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.)
    28  is increased above [three dollars thirty-five cents ($3.35) an
    29  hour] the minimum wage required under this section, the minimum
    30  wage required under this section shall be increased by the same
    20050S0926B1217                  - 2 -     

     1  amounts and effective the same date as the increases under the
     2  Fair Labor Standards Act, and the provisions of subsection (a)
     3  are suspended to the extent they differ from those set forth
     4  under the Fair Labor Standards Act.
     5     * * *
     6     Section 2.  This act shall take effect in 60 days.
















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