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| PRIOR PRINTER'S NO. 1273 | PRINTER'S NO. 1690 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY VANCE, ERICKSON, TARTAGLIONE, BROWNE, ARGALL, M. WHITE, BAKER, BRUBAKER, EARLL, EICHELBERGER, FERLO, ORIE, RAFFERTY, ROBBINS, WAUGH AND FOLMER, JUNE 3, 2011 |
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| SENATOR GORDNER, LABOR AND INDUSTRY, AS AMENDED, OCTOBER 18, 2011 |
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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. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 4 of the act of January 17, 1968 (P.L.11, |
12 | No.5), known as The Minimum Wage Act of 1968, amended July 9, |
13 | 2006 (P.L.1077, No.112), is amended to 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 or her employes |
17 | wages 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 |
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1 | beginning January 1, 1979. |
2 | (3) Three dollars ten cents ($3.10) an hour during the year |
3 | beginning January 1, 1980. |
4 | (4) Three dollars thirty-five cents ($3.35) an hour after |
5 | December 31, 1980. |
6 | (5) Three dollars seventy cents ($3.70) an hour beginning |
7 | February 1, 1989. |
8 | (6) Five dollars fifteen cents ($5.15) an hour beginning |
9 | September 1, 1997. |
10 | (7) Six dollars twenty-five cents ($6.25) an hour beginning |
11 | January 1, 2007. |
12 | (8) Seven dollars fifteen cents ($7.15) an hour beginning |
13 | July 1, 2007. |
14 | (a.1) If the minimum wage set forth in the Fair Labor |
15 | Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.) |
16 | is increased above the minimum wage required under this section, |
17 | the minimum wage required under this section shall be increased |
18 | by the same amounts and effective the same date as the increases |
19 | under the Fair Labor Standards Act, and the provisions of |
20 | subsection (a) are suspended to the extent they differ from |
21 | those set forth under the Fair Labor Standards Act. |
22 | (b) The secretary, to the extent necessary to prevent |
23 | curtailment of employment opportunities, shall by regulations |
24 | provide for the employment of learners and students, under |
25 | special certificates at wages lower than the minimum wage |
26 | applicable under this section, and subject to such limitations |
27 | as to number, proportion and length of service as the secretary |
28 | shall prescribe: Provided, That the minimum wage prescribed |
29 | under this subsection (b) shall not be less than eighty-five |
30 | percent of the otherwise applicable wage rate in effect under |
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1 | section 4. A special certificate issued under this subsection |
2 | shall provide that for six or less students for whom it is |
3 | issued shall, except during vacation periods, be employed on a |
4 | part-time basis and not in excess of twenty hours in any |
5 | workweek at a sub-minimum rate. |
6 | In the case of an employer who intends to employ seven or |
7 | more students, at a sub-minimum rate, the secretary may issue a |
8 | special certificate only if the employer certifies to the |
9 | secretary that employment of such students will not create a |
10 | substantial probability of reducing the full-time employment |
11 | opportunities for other workers. |
12 | (c) Employes shall be paid for overtime not less than one |
13 | and one-half times the employe's regular rate as prescribed in |
14 | regulations promulgated by the secretary: Provided, That |
15 | students employed in seasonal occupations as defined and |
16 | delimited by regulations promulgated by the secretary may, by |
17 | such regulations, be excluded from the overtime provisions of |
18 | this act: And provided further, That the secretary shall |
19 | promulgate regulations with respect to overtime subject to the |
20 | limitations that no pay for overtime in addition to the regular |
21 | rate shall be required except for hours in excess of forty hours |
22 | in a workweek. Employes may utilize the overtime arrangement | <-- |
23 | described in section 207(j) of the Fair Labor Standards Act (29 |
24 | U.S.C. § 207(j)) in hospitals and establishments engaged in the |
25 | care of the sick, aged or mentally ill. An employer shall not be | <-- |
26 | in violation of this subsection if the employer is entitled to |
27 | utilize, and acts consistently with, section 7(j) of the Fair |
28 | Labor Standards Act of 1938 (29 U.S.C. § 207(j)) and regulations |
29 | promulgated under that provision. |
30 | (d) An employe whose earning capacity is impaired by |
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1 | physical or mental deficiency or injury may be paid less than |
2 | the applicable minimum wage if either a license specifying a |
3 | wage rate commensurate with the employe's productive capacity |
4 | has been obtained by the employer from the secretary or a |
5 | Federal certificate is obtained under section 14(c) of the Fair |
6 | Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et |
7 | seq.). A license obtained from the secretary shall be granted |
8 | only upon joint application of employer and employe. |
9 | (e) In lieu of the minimum wage prescribed in subsection (a) |
10 | and section 5(c) and notwithstanding subsections (b) and (d), an |
11 | employer may, during the first sixty calendar days when an |
12 | employe under the age of twenty years is initially employed, pay |
13 | the employe training wages at a rate of not less than the |
14 | minimum wage set forth in section 6(a) of the Fair Labor |
15 | Standards Act (29 U.S.C. § 206(a)). A person employed at the |
16 | training wage under this subsection shall be informed of the |
17 | amount of the training wage and the right to receive the full |
18 | minimum wage, or a higher wage, upon completion of the training |
19 | period. No employer may take any action to displace existing |
20 | employes, including partial displacements such as reduction in |
21 | the hours, wages or employment benefits of existing employes, |
22 | for purposes of hiring individuals at the training wage |
23 | authorized by this subsection. |
24 | Section 2. The amendment of section 4 of the act shall apply | <-- |
25 | retroactively to March 1, 2010. |
26 | Section 2. Applicability is as follows: | <-- |
27 | (1) Except as set forth in paragraph (2), the amendment |
28 | of section 4 of the act shall apply retroactively to March 1, |
29 | 2010. |
30 | (2) Paragraph (1) shall not apply: |
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1 | (i) to alter a collective bargaining agreement in |
2 | effect on March 1, 2010; or |
3 | (ii) to litigation initiated prior to the effective |
4 | date of this section. |
5 | Section 3. This act shall take effect immediately. |
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