PRINTER'S NO. 573
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
611
Session of
2021
INTRODUCED BY A. DAVIS, SANCHEZ, LEE, HILL-EVANS, HOHENSTEIN,
DEASY, KRAJEWSKI, HOWARD, PISCIOTTANO AND DELLOSO,
FEBRUARY 24, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 24, 2021
AN ACT
Establishing the Direct Care Worker Wage Advisory Board and
providing for its powers and duties; providing for minimum
wage for direct care workers and for a direct care worker
registry; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Good Jobs for
Quality Care Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Direct Care Worker Wage Advisory Board
established under section 3(a).
"Department." The Department of Human Services of the
Commonwealth.
"Direct care worker." An individual employed in long-term
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care in a home setting, community-based facility or a nursing
home, providing hands-on care, services and support to elderly
individuals and individuals with disabilities. The term includes
the following:
(1) Personal care aides.
(2) Home health aides.
(3) Nursing assistants.
(4) Certified nursing assistants.
(5) Attendants.
(6) Assisted living aides.
(7) Home health aides.
(8) Home care aides.
(9) Nurse aides.
(10) Program assistants.
"Direct care worker organization." An organization that
represents direct care workers in which direct care workers
participate and which exists for the purpose, in whole or in
part, of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours of employment or conditions
of work. The term does not include labor organizations which, by
ritualistic practice, constitutional or by-law proscription, by
tacit agreement among its members, or otherwise, denies a person
membership in its organization on account of race, creed, color
or political affiliation.
"Secretary." The Secretary of Human Services of the
Commonwealth.
"Wage." Compensation for a direct care worker by reason of
the direct care worker's employment, payable in legal tender of
the United States or checks on banks convertible into cash on
demand at full face value, subject to deductions, charges or
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allowances as may be permitted by regulations of the secretary
under this act.
Section 3. Direct Care Worker Wage Advisory Board.
(a) Establishment.--The Direct Care Worker Wage Advisory
Board is established within the department to examine challenges
to recruiting and retaining direct care workers, including
compensation, work schedules and other working conditions, and
to recommend regulations for the industry.
(b) Composition of board.--The board shall consist of the
following members:
(1) The secretary, or a representative of the secretary.
(2) The Secretary of Labor and Industry, or a
representative of the Secretary of Labor and Industry.
(3) The following members, who must be residents of this
Commonwealth, appointed by the secretary:
(i) One member who represents an established,
recognized direct care worker organization.
(ii) One member who is a direct care worker at a
nursing home.
(iii) One member who is a direct care worker
employed as a home care services provider.
(iv) One member who is a nursing home employer.
(v) One member who is a home care employer.
(vi) One member who represents the interests of
individuals receiving direct care worker services.
(vii) One member who represents providers of direct
care workforce development and training for direct care
workers.
(c) Recommendations.--The secretary shall solicit
recommendations of qualified individuals for board membership
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from any source, including a direct care worker organization
that maintains a membership of at least 1,000 members. If the
secretary does not receive a sufficient number of
recommendations, the secretary may appoint any remaining
positions on the board, in any combination, from the following:
(1) An employer who employs direct care workers.
(2) A labor organization that represents the interests
of direct care workers.
(3) A representative of a direct care facility or other
facility that is responsible for individuals receiving long-
term care services.
(d) Term.--A board member appointed under subsection (b)(1)
or (2) shall serve a term concurrent with the member's term of
office or concurrent with the term of office of the member's
appointing official. A board member appointed under subsection
(b)(3) shall serve a term of two years and until a successor is
appointed. A member of the board may be reappointed. After the
appointment of the initial board members, successor board
members under subsection (b)(3) shall be appointed by a majority
vote of the board members, before the expiration of the term of
a member, but not later than January 1 of each even-numbered
year.
Section 4. Powers and duties of board.
(a) General rule.--The board shall:
(1) Consult with the secretary and make findings
regarding factors that may contribute to a shortage of
skilled direct care workers, including:
(i) Compensation rates.
(ii) Lack of health care benefits or other paid
benefits, including paid family leave, sick leave or
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retirement benefits.
(2) Make recommendations regarding:
(i) A compensation schedule for direct care workers
and increases to the hourly minimum wage paid to direct
care workers.
(ii) Uniform standards for training and education
for direct care workers.
(iii) Improvements to working conditions, including
work schedules and workplace standards relating to
safety.
(3) Submit to the General Assembly no later than
December 31 of each year a report that includes the findings
and recommendations of the board. The board shall include in
the annual report the recommended compensation schedule
described in paragraph (2)(i).
(4) Receive complaints from direct care workers and
refer complaints to the appropriate State agency or law
enforcement agency.
(b) Public meetings.--The meetings of the board shall be
open to the public under 65 Pa.C.S. ยง 704 (relating to open
meetings).
(c) Advisors.--The board may employ a professional
researcher to serve in an advisory capacity to the board. The
board may employ and compensate employees and other advisors as
the board deems necessary and appropriate.
(d) Compensation and expenses.--The following shall apply:
(1) Members of the board shall receive compensation as
the board determines is necessary and shall be reimbursed for
reasonable expenses incurred in the exercise of board duties.
(2) An employer of a direct care worker who serves as a
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member of the board shall grant reasonable leave to the
worker to participate in board activities without loss of
compensation.
(3) An employer may not penalize or retaliate against a
direct care worker because of the worker's participation in
any of the activities of the board.
(4) The secretary may assess a civil penalty in an
amount determined by the secretary against an employer who
violates this subsection. Money collected as penalties under
this paragraph shall be paid to the department to reimburse
the board for the costs incurred by the board in performing
its duties.
Section 5. Minimum wage.
(a) General rule.--Upon consideration of the compensation
schedule submitted under section 4(a)(3), the secretary shall
establish by regulation a minimum wage rate at which direct care
workers shall be paid, provided that the rate established by the
secretary is not less than the hourly minimum wage rate that is
required under the act of January 17, 1968 (P.L.11, No.5), known
as The Minimum Wage Act of 1968.
(b) Limitation.--Once the minimum wage rate is established
under subsection (a), the rate may not be lowered unless
approved by a unanimous vote of the board.
(c) Penalties.--An employer who fails to pay the minimum
wage rate established under subsection (a) shall be subject to a
fine of $1,000 for the first violation, $5,000 for the second
violation and $10,000 for each subsequent violation to be
assessed by the department.
(d) Civil actions.--If a direct care worker is paid by the
employer of the direct care worker less than the minimum wage
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rate established in subsection (a), the direct care worker may
recover in a civil action the full amount of the minimum wage
rate, less any amount actually paid to the worker by the
employer, together with costs and reasonable attorney fees as
may be allowed by the court.
Section 6. Registry.
(a) Registry.--The board shall create a registry of direct
care workers in this Commonwealth. An employer of a direct care
worker shall provide quarterly to the registry contact
information for the direct care worker and the direct care
worker's workplace, including a telephone number and e-mail
address, and other information as determined by the board.
(b) Registry access.--The following shall apply:
(1) The registry shall only be available to direct care
worker organizations. A direct care worker organization and
direct care workers are permitted to communicate for purposes
of the registry.
(2) It is a violation for an employer to not permit
communication between a direct care worker organization and
direct care workers under paragraph (1).
(3) Registry information shall be exempt from access
under the act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
(4) For a violation of this subsection, the department
may assess a penalty of $1,000 for the first violation,
$5,000 for the second violation and $10,000 for each
subsequent violation.
Section 7. Voluntary deduction of dues.
(a) General rule.--Within 30 days of receipt of a written
affirmation of a direct care worker, an employer shall make
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deductions from the direct care worker's paycheck and remit the
deductions to the direct care worker organization. A direct care
worker organization shall provide any necessary information to
the employer in order to receive paycheck deductions from an
employer.
(b) Violations.--An employer who fails to comply with
subsection (a) shall be subject to a fine of $1,000 for a first
violation, $5,000 for a second violation and $10,000 for each
subsequent violation to be assessed by the department.
Section 8. Regulations.
The department may promulgate rules and regulations as
necessary to administer and enforce this act.
Section 9. Effective date.
This act shall take effect immediately.
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