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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session


Posted: January 13, 2022 11:03 AM
From: Senator Robert M. Tomlinson and Sen. Christine M. Tartaglione
To: All Senate members
Subject: Prohibiting Split Rates on Public Works Projects
In the near future, we will be introducing legislation aimed at restoring the integrity of the Pennsylvania Prevailing Wage Act.  The prevailing wage law was enacted to level the playing field for contractors bidding on public works construction projects. The law requires that the local prevailing wages for each construction craft be paid on such projects.  Nearly all public construction projects are awarded on a low bid basis. The prevailing wage requirement is intended to prevent low bid contractors from gaining a competitive advantage by paying workers less.

The Pennsylvania Prevailing Wage Act requires the Secretary of Labor and Industry to determine the prevailing wage rate for all jobs on a construction project.  Some contractors circumvent the law by paying "split rates". A split rate occurs when the same worker is paid two different rates (one higher, one lower) for the same job on the same day.  Our legislation simply prohibits this practice.  Enactment of this legislation will serve to restore the intent of the law as well as to ensure that workers are paid appropriately on publicly funded projects.  

Please join us in cosponsoring this legislation.

Introduced as SB1142