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| PRIOR PRINTER'S NOS. 2330, 2879 | PRINTER'S NO. 3687 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DELOZIER, AUMENT, BEAR, CREIGHTON, DENLINGER, GEIST, GINGRICH, GROVE, HELM, HENNESSEY, KAUFFMAN, MAJOR AND SWANGER, AUGUST 22, 2011 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 6, 2012 |
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| AN ACT |
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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 wages and for |
9 | exemptions. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 4 of the act of January 17, 1968 (P.L.11, |
13 | No.5), known as The Minimum Wage Act of 1968, amended July 9, |
14 | 2006 (P.L.1077, No.112), is 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 or her employes |
18 | wages 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. |
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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. |
9 | (6) Five dollars fifteen cents ($5.15) an hour beginning |
10 | September 1, 1997. |
11 | (7) Six dollars twenty-five cents ($6.25) an hour beginning |
12 | January 1, 2007. |
13 | (8) Seven dollars fifteen cents ($7.15) an hour beginning |
14 | July 1, 2007. |
15 | (a.1) If the minimum wage set forth in the Fair Labor |
16 | Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.) |
17 | is increased above the minimum wage required under this section, |
18 | the minimum wage required under this section shall be increased |
19 | by the same amounts and effective the same date as the increases |
20 | under the Fair Labor Standards Act, and the provisions of |
21 | subsection (a) are suspended to the extent they differ from |
22 | those set forth under the Fair Labor Standards Act. |
23 | (b) The secretary, to the extent necessary to prevent |
24 | curtailment of employment opportunities, shall by regulations |
25 | provide for the employment of learners and students, under |
26 | special certificates at wages lower than the minimum wage |
27 | applicable under this section, and subject to such limitations |
28 | as to number, proportion and length of service as the secretary |
29 | shall prescribe: Provided, That the minimum wage prescribed |
30 | under this subsection (b) shall not be less than eighty-five |
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1 | percent of the otherwise applicable wage rate in effect under |
2 | section 4. A special certificate issued under this subsection |
3 | shall provide that for six or less students for whom it is |
4 | issued shall, except during vacation periods, be employed on a |
5 | part-time basis and not in excess of twenty hours in any |
6 | workweek at a sub-minimum rate. |
7 | In the case of an employer who intends to employ seven or |
8 | more students, at a sub-minimum rate, the secretary may issue a |
9 | special certificate only if the employer certifies to the |
10 | secretary that employment of such students will not create a |
11 | substantial probability of reducing the full-time employment |
12 | opportunities for other workers. |
13 | (c) Employes shall be paid for overtime not less than one |
14 | and one-half times the employe's regular rate as prescribed in |
15 | regulations promulgated by the secretary: Provided, That |
16 | students employed in seasonal occupations as defined and |
17 | delimited by regulations promulgated by the secretary may, by |
18 | such regulations, be excluded from the overtime provisions of |
19 | this act: And provided further, That the secretary shall |
20 | promulgate regulations with respect to overtime subject to the |
21 | limitations that no pay for overtime in addition to the regular |
22 | rate shall be required except for hours in excess of forty hours |
23 | in a workweek. An employer shall not be in violation of this |
24 | subsection if the employer is entitled to utilize, and acts |
25 | consistently with, section 7(j) of the Fair Labor Standards Act |
26 | of 1938 (29 U.S.C. § 207(j)) and regulations promulgated under |
27 | that provision. |
28 | (d) An employe whose earning capacity is impaired by |
29 | physical or mental deficiency or injury may be paid less than |
30 | the applicable minimum wage if either a license specifying a |
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1 | wage rate commensurate with the employe's productive capacity |
2 | has been obtained by the employer from the secretary or a |
3 | Federal certificate is obtained under section 14(c) of the Fair |
4 | Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et |
5 | seq.). A license obtained from the secretary shall be granted |
6 | only upon joint application of employer and employe. |
7 | (e) In lieu of the minimum wage prescribed in subsection (a) |
8 | and section 5(c) and notwithstanding subsections (b) and (d), an |
9 | employer may, during the first sixty calendar days when an |
10 | employe under the age of twenty years is initially employed, pay |
11 | the employe training wages at a rate of not less than the |
12 | minimum wage set forth in section 6(a) of the Fair Labor |
13 | Standards Act (29 U.S.C. § 206(a)). A person employed at the |
14 | training wage under this subsection shall be informed of the |
15 | amount of the training wage and the right to receive the full |
16 | minimum wage, or a higher wage, upon completion of the training |
17 | period. No employer may take any action to displace existing |
18 | employes, including partial displacements such as reduction in |
19 | the hours, wages or employment benefits of existing employes, |
20 | for purposes of hiring individuals at the training wage |
21 | authorized by this subsection. |
22 | Section 2. Section 5(b) of the act is amended by adding a |
23 | paragraph to read: |
24 | Section 5. Exemptions.--* * * |
25 | (b) Employment in the following classifications shall be |
26 | exempt from the overtime provisions of this act: |
27 | * * * |
28 | (8) The hours of an employe of an air carrier subject to the |
29 | provisions of Title II of the Railway Labor Act (44 Stat. 577, |
30 | 45 U.S.C. § 181 et seq.) when: | <-- |
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1 | (i) the hours are voluntarily worked by the employe pursuant |
2 | to a shift-trading practice under which the employe has the |
3 | opportunity to reduce hours worked in any workweek by |
4 | voluntarily offering a shift for trade or reassignment; or | <-- |
5 | (ii) the required hours of work, wages and overtime |
6 | compensation have been agreed to either in a collective |
7 | bargaining agreement between the employer and labor organization |
8 | representing employes for purposes of collective bargaining or |
9 | pursuant to a voluntary agreement or understanding arrived at |
10 | between the employer and employe. |
11 | * * * |
12 | Section 3. This act shall take effect immediately. as | <-- |
13 | follows: |
14 | (1) The addition of section 5(b)(8) of the act shall |
15 | take effect in 90 days. |
16 | (2) The remainder of this act shall take effect |
17 | immediately. |
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