PRINTER'S NO. 1592
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1160
Session of
2015
INTRODUCED BY SIMS, DAVIS, V. BROWN, SCHREIBER, FRANKEL,
RAVENSTAHL, SNYDER, COHEN, DERMODY, McCARTER, SCHLOSSBERG,
D. MILLER, GAINEY, KIM, FARINA, KINSEY, SCHWEYER, M. DALEY,
THOMAS, HARKINS, BROWNLEE, C. PARKER, HARHAI, MAHONEY,
YOUNGBLOOD, D. COSTA, GOODMAN, CALTAGIRONE, O'BRIEN, BOYLE,
MATZIE, McNEILL, ACOSTA, DEAN, BIZZARRO, ROEBUCK, DONATUCCI,
STURLA, FABRIZIO, KAVULICH, CARROLL, DRISCOLL, DAVIDSON,
SABATINA, D. PARKER, J. HARRIS AND SANTARSIERO, MAY 14, 2015
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MAY 14, 2015
AN ACT
Amending the act of December 17, 1959 (P.L.1913, No.694),
entitled "An act prohibiting discrimination in rate of pay
because of sex; conferring powers and imposing duties on the
Department of Labor and Industry; and prescribing penalties,"
further providing for definitions, for wage rates and for
collection of unpaid wages.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(a) of the act of December 17, 1959
(P.L.1913, No.694), known as the Equal Pay Law, amended July 31,
1968 (P.L.869, No.262), is amended and the section is amended by
adding a subsection to read:
Section 2. Definitions.--(a) The term "employe," as used in
this act, shall mean any person employed for hire in any lawful
business, industry, trade or profession, or in any other lawful
enterprise in which individuals are gainfully employed;
including individuals employed by the Commonwealth or any of its
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political subdivisions, including public bodies[: Provided,
however, That the term "employe" as used in this act shall not
apply to any person or persons who is or are subject to section
6 of the Federal Fair Labor Standards Act (Act of June 25, 1938,
as amended)].
* * *
(e.1) The term "wages" includes all earnings of an employe,
regardless of whether determined on time, task, piece,
commission or other method of calculation. The term "wages" also
includes fringe benefits or wage supplements whether payable by
the employer from funds of the employer or from amounts withheld
from the employe's pay by the employer.
* * *
Section 2. Sections 3 and 5 of the act, amended July 31,
1968 (P.L.869, No.262), are amended to read:
Section 3. Wage Rates.--(a) No employer having employes
subject to any provisions of this section shall discriminate[,
within any establishment in which such employes are employed,]
between employes on the basis of sex by paying wages to employes
[in such establishment] at a rate less than the rate at which he
pays wages to employes of the opposite sex [in such
establishment] for equal work on jobs, the performance of which,
requires equal skill, effort, and responsibility, and which are
performed under similar working conditions, except where such
payment is made pursuant to (1) a seniority system; (2) a merit
system; (3) a system which measures earnings by quantity or
quality of production; or (4) a differential based on [any other
factor] bona fide factors other than sex, such as education,
training or experience: Provided, That any employer who is
paying a wage rate differential in violation of this subsection
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shall not in order to comply with the provisions of this
subsection, reduce the wage rate of any employe.
(a.1) Subsection (a)(4) shall apply only if the employer
demonstrates that the bona fide factor: (1) is not based upon or
derived from a sex-based differential in compensation; (2) is
job-related with respect to the position in question; and (3) is
consistent with business necessity. The defense shall not apply
where the employe demonstrates that an alternative employment
practice exists that would serve the same business purpose
without producing the differential and that the employer has
refused to adopt the alternative practice.
(b) No labor organization, or its agents, representing
employes of an employer having employes subject to any
provisions of this section, shall cause or attempt to cause such
an employer to discriminate against an employe in violation of
subsection (a) of this section.
(c) No employer or labor organization may discharge or in
any other manner discriminate or retaliate against an employe
who: (1) has made a report, verbally or in writing, alleging a
violation of this act; (2) has made a charge, filed a complaint
or instituted or caused to be instituted any investigation,
proceeding, hearing or action under or related to this act; (3)
has participated in any manner in an investigation conducted by
the employer, a proceeding, hearing or action under or related
to this act or has testified or is planning to testify or has
assisted or participated in any manner in any such
investigation, proceeding, hearing or action; (4) has served or
is planning to serve on an industry committee; or (5) has
inquired about, discussed or disclosed the wages of the employe
or another employe. Taking adverse action against a person
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within ninety days of the person's exercise of rights protected
under this act shall raise a rebuttable presumption of having
done so in retaliation for the exercise of those rights.
(d) No employer or labor organization may: (1) require as a
condition of employment that an employe refrain from inquiring
about, discussing or disclosing the amount of the employe's
wages; or (2) require an employe to sign a waiver or other
document that denies the employe the right to inquire about,
discuss or disclose the amount of the employe's wages.
Section 5. Collection of Unpaid Wages.--(a) An employer who
[wilfully and knowingly] violates the provisions of section 3 of
this act shall be liable to the employe or employes affected in
the amount of [their unpaid wages and in addition, an equal
amount as liquidated damages.] the sum of the following: (1) the
difference between the amount of wages paid and the maximum wage
paid any other employe for equal work; (2) compensatory damages;
(3) reasonable attorney fees and costs; (4) punitive damages, if
the violation is found to be intentional or committed with
reckless indifference to the employe's rights under this act;
and (5) any other legal and equitable relief as may be
appropriate, including, but not limited to, employment
reinstatement and promotion. Action to recover such wages [and],
damages and legal or equitable relief may be maintained in any
court of competent jurisdiction by any one or more employes for
and in behalf of himself or themselves and other employes
similarly situated. Any agreement between the employer and an
employe to work for less than the wage to which such employe is
entitled under this act shall be no defense to such action. [The
court in such action shall, in addition to any wages and
damages, allow a reasonable attorney's fee and costs of the
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action to the plaintiff.] At the request of any employe paid
less than the wage to which he is entitled under this act and
due any damages as a result of a violation, the [Secretary of
Labor and Industry] secretary may take an assignment of such
wage and damages claim for collection and shall bring any legal
action necessary to collect such claim. The secretary shall not
be required to pay the filing fee or other costs in connection
with such action. The secretary shall have power to join various
claimants against the employer in one cause of action.
(b) Any action pursuant to the provisions of this act must
be brought within two years from the date upon which the
[violation complained of occurs.] employe knew of the violation
unless the violation is a wilful violation, in which case the
action must be brought within three years from the date upon
which the employe knew of the violation. Discrimination in wages
under this section occurs when: (1) a discriminatory wage
decision or practice is adopted; (2) when an individual is
subject to a discriminatory wage decision or practice; or (3)
when an individual is affected by application of a
discriminatory wage decision or practice. Discrimination in
wages shall be deemed to be a continuing violation each time
that wages paid resulted, in whole or in part, from a
discriminatory wage decision or practice.
Section 3. This act shall take effect in 30 days.
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