H1500B1534A00989 AJB:EJH 06/13/23 #90 A00989
AMENDMENTS TO HOUSE BILL NO. 1500
Sponsor: REPRESENTATIVE ROWE
Printer's No. 1534
Amend Bill, page 1, line 8, by striking out "and" and
inserting a comma
Amend Bill, page 1, line 9, by inserting after "wages"
, for penalties and for civil actions
Amend Bill, page 1, lines 12 through 14, by striking out all
of said lines and inserting
Section 1. Section 3(d) of the act of January 17, 1968
(P.L.11, No.5), known as The Minimum Wage Act of 1968, is
amended to read:
Amend Bill, page 3, by inserting between lines 16 and 17
Section 2. Section 4(a) of the act is amended and the
section is amended by adding a subsection to read:
Amend Bill, page 4, by inserting between lines 28 and 29
(f) In lieu of the minimum wage prescribed in subsection (a)
and section 5(c) and notwithstanding subsections (b) and (d), an
employer may pay an individual a rate of not less than the
minimum wage set forth in 29 U.S.C. ยง 206(a) (relating to
minimum wage) if the individual signs an agreement acknowledging
all of the following:
(1) The individual is entitled to a higher rate of pay under
this act.
(2) The individual, of the individual's own free will, has
agreed to be paid a lower rate.
(3) The employer has not coerced the individual to sign the
agreement.
Section 3. Sections 12(b) and 13 of the act are amended to
read:
Section 12. Penalties.--* * *
(b) Any employer or the officer or agent of any corporation
who pays or agrees to pay any employe less than the rates
applicable to such employe under this act shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of
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not less than seventy-five dollars ($75) nor more than three
hundred dollars ($300) or to undergo imprisonment of not less
than ten nor more than sixty days, or both. Each week in which
such employe is paid less than the rate applicable to him or her
under this act and for each employe who is paid less than the
prescribed rate, a separate offense shall be deemed to occur.
[Any] Except as provided under section 4(f), any agreement
between the employer and the employe to work for less than the
applicable wage rate shall be no defense to action by the
Commonwealth under this section.
* * *
Section 13. Civil Actions.--If any employe is paid by his or
her employer less than the minimum wages provided by section 4
of this act or by any regulation issued thereunder, such worker
may recover in a civil action the full amount of such minimum
wage less any amount actually paid to the worker by the
employer, together with costs and such reasonable attorney's
fees as may be allowed by the court[,] and, except as provided
under section 4(f), and any agreement between the employer and
the worker to work for less than such minimum wage shall be no
defense to such action. At the request of any employe paid less
than the minimum wage to which such employe was entitled under
this act and regulations issued thereunder, the secretary may
take an assignment of such wage claim, in trust for the
assigning worker and may bring any legal action necessary to
collect such claim, and the employer shall be required to pay
the cost and such reasonable attorney's fees as may be allowed
by the court.
Amend Bill, page 4, line 29, by striking out "2" and
inserting
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