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PRINTER'S NO. 467
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
458
Session of
2021
INTRODUCED BY HUGHES, TARTAGLIONE, FONTANA, KEARNEY, KANE,
SCHWANK AND COSTA, MARCH 19, 2021
REFERRED TO LABOR AND INDUSTRY, MARCH 19, 2021
AN ACT
Amending the act of July 14, 1961 (P.L.637, No.329), entitled
"An act relating to the payment of wages or compensation for
labor or services; providing for regular pay days; conferring
powers and duties upon the Department of Labor and Industry,
including powers and duties with respect to the civil
collection of wages; providing civil and criminal penalties
for violations of the act; providing for their collection and
disposition and providing for additional civil damages,"
further providing for notification; providing for duty of
employer; and imposing criminal and civil penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4 of the act of July 14, 1961 (P.L.637,
No.329), known as the Wage Payment and Collection Law, is
amended to read:
Section 4. Notification.--(a) It shall be the duty of every
employer to notify his employes at the time of hiring of the
time and place of payment and the rate of pay and the amount of
any fringe benefits or wage supplements to be paid to the
employe, a third party or a fund for the benefit of the employe
and any change with respect to any of these items prior to the
time of said change. Alternatively, however, every employer may
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give such notification by posting the aforementioned facts and
keeping them posted conspicuously at the employer's place of
business. Further, in cases where wages, amounts of any fringe
benefits or wage supplements are set forth in a bona fide
collective bargaining agreement and copies of that agreement are
available to employes, then this shall satisfy the employer's
duty to give notice.
(b) It shall be the duty of every employer to provide notice
to his employes at the time of hiring of a summary of this act
and any regulations issued under this act applicable to the
employer.
Section 2. The act is amended by adding a section to read:
Section 8.1. Duty of Employer.--(a) Every employer shall
keep a summary of this act and any regulations issued under this
act applicable to the employer posted in a conspicuous place
where employes normally pass and can read it. Employers shall,
upon request to the department, be furnished with copies of the
summary without charge.
(b) Every employer who fails to provide notice to an employe
as required under section 4(b), or fails to post in a
conspicuous place a summary of this act and any regulations as
required under subsection (a), shall be guilty of a summary
offense and upon conviction thereof shall be punished by a fine
of not more than five hundred dollars ($500).
Section 3. Section 9.1(g) of the act is amended to read:
Section 9.1. Civil Remedies and Penalties.--* * *
(g) [No] (1) Except as provided in clause (2), no
administrative proceedings or legal action shall be instituted
under the provisions of this act for the collection of unpaid
wages or liquidated damages more than three years after the day
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on which such wages were due and payable as provided in sections
3 and 5.
(2) If an employer has failed to provide notice to an
employe as required under section 4 or has failed to post a
summary as required under section 8.1, the time limitation under
clause (1) shall not apply. However, no administrative
proceeding or legal action shall be instituted under the
provisions of this act for the collection of unpaid wages or
liquidated damages more than three years after the day on which
such wages were due and payable, as provided in sections 3 and
5, or the day on which the notice requirements under section 4
or the posting requirements under section 8.1 are satisfied,
whichever is later.
Section 4. This act shall take effect in 60 days.
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