PRINTER'S NO. 4178
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2728
Session of
2020
INTRODUCED BY FIEDLER, MULLINS, BURGOS, ZABEL, KOSIEROWSKI,
A. DAVIS, MURT, LEE, GALLOWAY, READSHAW, RAVENSTAHL,
SCHWEYER, SCHLOSSBERG, DRISCOLL, SANCHEZ, ISAACSON, KORTZ,
McNEILL, WILLIAMS, HILL-EVANS, DeLUCA, FRANKEL, MADDEN,
O'MARA, MERSKI, McCLINTON, GAINEY, DONATUCCI, ROZZI, OTTEN,
HANBIDGE AND DEASY, JULY 30, 2020
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JULY 30, 2020
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, in Commonwealth services, providing
for hazard pay.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 7309. Hazard pay.
(a) Authorization.--Notwithstanding any other provision of
this title or law, the following employees shall be awarded
hazard pay:
(1) An essential employee of a covered employer who,
during the proclamation of disaster emergency issued by the
Governor on March 6, 2020, published at 50 Pa.B. 1644 (March
21, 2020), and any renewal of the state of disaster
emergency, is required by the covered employer to perform the
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employee's work duties outside the employee's home. The
following shall apply:
(i) Disaster pay shall be calculated as one and a
half times the employee's actual pay for any period the
employee is required to perform the employee's work
duties under this paragraph.
(ii) An eligible employee under this paragraph shall
be awarded back pay, as calculated in subparagraph (i),
for every day the employee worked to perform the
employee's work duties under this paragraph, beginning on
March 6, 2020.
(iii) Hazard pay under this paragraph shall
terminate upon the expiration or termination of the
proclamation of disaster emergency issued by the Governor
on March 6, 2020, published at 50 Pa.B. 1644 (March 21,
2020), or any renewal of the state of disaster emergency.
(iv) The provisions of this paragraph shall not
apply to a bona fide executive, administrative or
professional individual who does not come into direct
contact with the public during the normal course of
business.
(2) (Reserved).
(b) Penalty.--A covered employer that fails to comply with
subsection (a) shall be subject to a penalty of not less than
$10,000 per employee.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Covered employer." Any grocery, pharmacy, retail
establishment, hospitality or food services establishment or
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other business that, nationwide, employs 250 or more employees
or has 20 or more locations, regardless of where the employees
perform work, including, but not limited to, chain
establishments or franchises associated with a franchisor or
network of franchises that employ more than 250 employees in
aggregate. The term includes an individual, partnership,
association, corporation or business trust or any person or
group of persons, or a successor of such, that employs an
individual in a retail establishment, hospitality establishment
or food services establishment, including a person acting
directly or indirectly in the interest of the employer.
Section 2. This act shall take effect immediately.
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