PRINTER'S NO. 144
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
170
Session of
2019
INTRODUCED BY DONATUCCI, KINSEY, ISAACSON, RABB, MURT,
SCHLOSSBERG, CONKLIN, McNEILL, CIRESI, FREEMAN, CALTAGIRONE,
BULLOCK, SCHWEYER, HILL-EVANS, YOUNGBLOOD, GOODMAN, McCLINTON
AND DAWKINS, JANUARY 28, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 28, 2019
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 collection of unpaid
wages and for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2(a), 5(b) and 8 of the act of December
17, 1959 (P.L.1913, No.694), known as the Equal Pay Law, are
amended 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
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
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6 of the Federal Fair Labor Standards Act (Act of June 25, 1938,
as amended)].
* * *
Section 5. Collection of Unpaid Wages.--* * *
(b) Any action pursuant to the provisions of this act must
be brought within [two] three years from the date upon which the
violation complained of occurs.
Section 8. Penalties.--(a) Any employer who wilfully and
knowingly violates any provisions of this act, or who discharges
or in any other manner discriminates against any employe because
such employe has made any complaint to his employer, the
secretary or any other person who instituted or caused to be
instituted any proceeding under or related to this act, or has
testified or is about to testify in any such proceedings, shall,
upon conviction thereof in a summary proceeding, be sentenced to
pay a fine of not less than [fifty dollars ($50) nor more than
two hundred dollars ($200)] two thousand five hundred dollars
($2,500) nor more than five thousand dollars ($5,000), and, upon
default in such fine and costs, shall undergo imprisonment for
not less than thirty days nor more than sixty days. [Each]
Discrimination against each individual employe and each day such
a violation continues shall constitute a separate offense.
(b) Any employer who fails to keep the records required
under this act or to furnish such records to the secretary upon
request, or who falsifies such records or who hinders, delays or
otherwise interferes with the secretary or his authorized
representatives in the performance of his duties in the
enforcement of this act, or refuses such official entry into any
establishment which he is authorized by this act to inspect,
shall, upon conviction thereof in a summary proceeding, be
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sentenced to pay a fine of not less than [fifty dollars ($50)
nor more than two hundred dollars ($200)] two thousand five
hundred dollars ($2,500) nor more than five thousand dollars
($5,000), and, upon default in such fine and costs, shall
undergo imprisonment for not less than thirty days nor more than
sixty days. Each day such a violation continues shall constitute
a separate offense.
Section 2. This act shall take effect in 60 days.
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