PRIOR PRINTER'S NOS. 3207, 3283 PRINTER'S NO. 3495
No. 2449 Session of 1996
INTRODUCED BY FEESE, DEMPSEY, LYNCH, STABACK, BAKER, TRAVAGLIO,
MAITLAND, L. I. COHEN, FARGO, HALUSKA, ARGALL, TRUE, MELIO,
STISH, TRELLO, SHANER, BELFANTI, BOSCOLA, EGOLF, DiGIROLAMO,
GEIST, COLAFELLA, SHEEHAN, E. Z. TAYLOR, GANNON, YOUNGBLOOD,
ROONEY, RAMOS, DERMODY AND SCHRODER, MARCH 12, 1996
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 7, 1996
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, PROVIDING FOR MINIMUM <--
3 WAGES; further providing for the unauthorized practice of
4 law; AND MAKING A REPEAL. <--
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2524(a) of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended and the section is amended by
9 adding a subsection to read:
10 § 2524. Penalty for unauthorized practice of law.
11 (a) General rule.--Except as provided in subsection (b), any
12 person, including, but not limited to, a paralegal or legal
13 assistant, who within this Commonwealth shall practice law, or
14 who shall hold himself out to the public as being entitled to
15 practice law, or use or advertise the title of lawyer, attorney
16 at law, attorney and counselor at law, counselor, or the
17 equivalent in any language, in such a manner as to convey the
1 impression that he is a practitioner of the law of any
2 jurisdiction, without being an attorney at law or a corporation
3 complying with 15 Pa.C.S. Ch. 29 (relating to professional
4 corporations), commits a misdemeanor of the third degree[.] upon
5 a first violation. A second or subsequent violation of this
6 subsection constitutes a misdemeanor of the first degree.
7 * * *
8 (c) Injunction.--In addition to criminal prosecution,
9 unauthorized practice of law may be enjoined in any county court
10 of common pleas having personal jurisdiction over the defendant.
11 The party obtaining such an injunction may be awarded costs and
12 expenses incurred, including reasonable attorney fees, against
13 the enjoined party. A violation of subsection (a) is also a
14 violation of the act of December 17, 1968 (P.L.1224, No.387),
15 known as the Unfair Trade Practices and Consumer Protection Law.
16 SECTION 2. TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ: <--
17 CHAPTER 69
18 MINIMUM WAGES
19 SEC.
20 6901. DECLARATION OF POLICY.
21 6902. SHORT TITLE OF CHAPTER.
22 6903. DEFINITIONS.
23 6904. MINIMUM WAGES.
24 6905. EXEMPTIONS.
25 6906. MINIMUM WAGE ADVISORY BOARD.
26 6907. INVESTIGATIONS.
27 6908. DUTY OF EMPLOYER.
28 6909. ENFORCEMENT; RULES AND REGULATIONS.
29 6910. UNCONSTITUTIONALITY.
30 6911. PENALTIES.
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1 6912. CIVIL ACTIONS.
2 § 6901. DECLARATION OF POLICY.
3 EMPLOYEES ARE EMPLOYED IN SOME OCCUPATIONS IN THIS COMMONWEALTH
4 FOR WAGES UNREASONABLY LOW AND NOT FAIRLY COMMENSURATE WITH THE
5 VALUE OF THE SERVICES RENDERED. SUCH A CONDITION IS CONTRARY TO
6 PUBLIC INTEREST AND PUBLIC POLICY COMMANDS ITS REGULATION.
7 EMPLOYEES EMPLOYED IN SUCH OCCUPATIONS ARE NOT AS A CLASS ON A
8 LEVEL OF EQUALITY IN BARGAINING WITH THEIR EMPLOYERS IN REGARD
9 TO MINIMUM FAIR WAGE STANDARDS, AND "FREEDOM OF CONTRACT" AS
10 APPLIED TO THEIR RELATIONS WITH THEIR EMPLOYERS IS ILLUSORY.
11 JUDGED BY ANY REASONABLE STANDARD, WAGES IN SUCH OCCUPATIONS ARE
12 OFTEN FOUND TO BEAR NO RELATION TO THE FAIR VALUE OF THE
13 SERVICES RENDERED. IN THE ABSENCE OF EFFECTIVE MINIMUM FAIR WAGE
14 RATES FOR EMPLOYEES, THE DEPRESSION OF WAGES BY SOME EMPLOYERS
15 CONSTITUTES A SERIOUS FORM OF UNFAIR COMPETITION AGAINST OTHER
16 EMPLOYERS, REDUCES THE PURCHASING POWER OF THE WORKERS AND
17 THREATENS THE STABILITY OF THE ECONOMY. THE EVILS OF
18 UNREASONABLE AND UNFAIR WAGES AS THEY AFFECT SOME EMPLOYEES
19 EMPLOYED IN THIS COMMONWEALTH ARE SUCH AS TO RENDER IMPERATIVE
20 THE EXERCISE OF THE POLICE POWER OF THE COMMONWEALTH FOR THE
21 PROTECTION OF INDUSTRY AND OF THE EMPLOYEES EMPLOYED THEREIN AND
22 OF THE PUBLIC INTEREST OF THE COMMUNITY AT LARGE.
23 § 6902. SHORT TITLE OF CHAPTER.
24 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE MINIMUM
25 WAGE ACT.
26 § 6903. DEFINITIONS.
27 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
28 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
29 CONTEXT CLEARLY INDICATES OTHERWISE:
30 "BOARD." THE MINIMUM WAGE ADVISORY BOARD CREATED BY THIS
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1 CHAPTER.
2 "DEPARTMENT." THE DEPARTMENT OF LABOR AND INDUSTRY OF THE
3 COMMONWEALTH.
4 "EMPLOY." INCLUDES TO PERMIT TO WORK.
5 "EMPLOYEE." INCLUDES ANY INDIVIDUAL EMPLOYED BY AN EMPLOYER.
6 "EMPLOYER." INCLUDES ANY INDIVIDUAL, PARTNERSHIP,
7 ASSOCIATION, CORPORATION, BUSINESS TRUST OR ANY PERSON OR GROUP
8 OF PERSONS ACTING, DIRECTLY OR INDIRECTLY, IN THE INTEREST OF AN
9 EMPLOYER IN RELATION TO ANY EMPLOYEE.
10 "GRATUITIES." VOLUNTARY MONETARY CONTRIBUTIONS RECEIVED BY
11 AN EMPLOYEE FROM A GUEST, PATRON OR CUSTOMER FOR SERVICES
12 RENDERED.
13 "OCCUPATION." ANY INDUSTRY, TRADE, BUSINESS, SERVICE OR
14 EMPLOYMENT OR CLASS OR GROUP THEREOF IN WHICH INDIVIDUALS ARE
15 GAINFULLY EMPLOYED.
16 "SECRETARY." THE SECRETARY OF LABOR AND INDUSTRY OF THE
17 COMMONWEALTH.
18 "WAGE." PAID TO ANY EMPLOYEE INCLUDES THE REASONABLE COST,
19 AS DETERMINED BY THE SECRETARY OF LABOR AND INDUSTRY, TO THE
20 EMPLOYER FOR FURNISHING SUCH EMPLOYEE WITH BOARD, LODGING OR
21 OTHER FACILITIES, IF SUCH BOARD, LODGING OR OTHER FACILITIES ARE
22 CUSTOMARILY FURNISHED BY SUCH EMPLOYER TO HIS EMPLOYEES. THE
23 COST OF BOARD, LODGING OR OTHER FACILITIES SHALL NOT BE INCLUDED
24 AS A PART OF THE WAGE PAID TO ANY EMPLOYEE TO THE EXTENT IT IS
25 EXCLUDED THEREFROM UNDER THE TERMS OF A BONA FIDE COLLECTIVE
26 BARGAINING AGREEMENT APPLICABLE TO THE PARTICULAR EMPLOYEE AND
27 THE SECRETARY OF LABOR AND INDUSTRY IS AUTHORIZED TO DETERMINE
28 THE FAIR VALUE OF SUCH BOARD, LODGING OR OTHER FACILITIES FOR
29 DEFINED CLASSES OF EMPLOYEES AND IN DEFINED AREAS, BASED ON
30 AVERAGE COST TO THE EMPLOYER OR TO GROUPS OF EMPLOYERS SIMILARLY
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1 SITUATED, OR AVERAGE VALUE TO GROUPS OF EMPLOYEES, OR OTHER
2 APPROPRIATE MEASURES OF FAIR VALUE. THESE EVALUATIONS, WHERE
3 APPLICABLE AND PERTINENT, SHALL BE USED IN LIEU OF ACTUAL
4 MEASURE OF COST IN DETERMINING THE WAGE PAID TO ANY EMPLOYEE. IN
5 DETERMINING THE HOURLY WAGE OF A TIPPED EMPLOYEE, THE AMOUNT
6 PAID SUCH EMPLOYEE BY HIS EMPLOYER SHALL BE DEEMED TO BE
7 INCREASED ON ACCOUNT OF TIPS BY AN AMOUNT DETERMINED BY THE
8 EMPLOYER, BUT NOT BY AN AMOUNT IN EXCESS OF 45% OF THE
9 APPLICABLE MINIMUM WAGE RATE UPON THE EFFECTIVE DATE OF THIS
10 CHAPTER. THE AMOUNT OF THE INCREASE ON ACCOUNT OF TIPS
11 DETERMINED BY THE EMPLOYER MAY NOT EXCEED THE VALUE OF TIPS
12 ACTUALLY RECEIVED BY THE EMPLOYEE. THE PREVIOUS SENTENCE SHALL
13 NOT APPLY WITH RESPECT TO ANY TIPPED EMPLOYEE UNLESS:
14 (1) THE EMPLOYEE HAS BEEN INFORMED BY THE EMPLOYER OF
15 THE PROVISIONS OF THIS DEFINITION.
16 (2) ALL TIPS RECEIVED BY SUCH EMPLOYEE HAVE BEEN
17 RETAINED BY THE EMPLOYEE AND SHALL NOT BE SURRENDERED TO THE
18 EMPLOYER TO BE USED AS WAGES TO SATISFY THE REQUIREMENT TO
19 PAY THE CURRENT HOURLY MINIMUM RATE IN EFFECT; WHERE THE
20 GRATUITY IS ADDED TO THE CHARGE MADE BY THE ESTABLISHMENT,
21 EITHER BY THE MANAGEMENT, OR BY THE CUSTOMER, THE GRATUITY
22 SHALL BECOME THE PROPERTY OF THE EMPLOYEE; EXCEPT THAT THIS
23 DEFINITION SHALL NOT BE CONSTRUED TO PROHIBIT THE POOLING OF
24 TIPS AMONG EMPLOYEES WHO CUSTOMARILY AND REGULARLY RECEIVE
25 TIPS.
26 "WAGES." COMPENSATION DUE TO ANY EMPLOYEE BY REASON OF HIS
27 EMPLOYMENT, PAYABLE IN LEGAL TENDER OF THE UNITED STATES OR
28 CHECKS ON BANKS CONVERTIBLE INTO CASH ON DEMAND AT FULL FACE
29 VALUE, SUBJECT TO SUCH DEDUCTIONS, CHARGES OR ALLOWANCES AS MAY
30 BE PERMITTED BY REGULATIONS OF THE SECRETARY OF LABOR AND
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1 INDUSTRY UNDER SECTION 6909 (RELATING TO ENFORCEMENT; RULES AND
2 REGULATIONS).
3 § 6904. MINIMUM WAGES.
4 (A) RATES.--EXCEPT AS MAY OTHERWISE BE PROVIDED UNDER THIS
5 CHAPTER, EVERY EMPLOYER SHALL PAY TO EACH EMPLOYEE WAGES FOR ALL
6 HOURS WORKED AT A RATE OF NOT LESS THAN:
7 (1) $4.75 AN HOUR BEGINNING DECEMBER 1, 1996.
8 (2) $5.25 AN HOUR BEGINNING APRIL 1, 1997.
9 (3) $5.75 AN HOUR BEGINNING APRIL 1, 1998.
10 (4) BEGINNING APRIL 1, 1999, AND EVERY APRIL 1
11 THEREAFTER, THE MINIMUM WAGE SHALL BE INCREASED TO THE
12 POVERTY LEVEL FOR A FAMILY OF THREE, AS SET FORTH BY THE
13 DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVIDED BY 2080,
14 ROUNDED UP TO THE NEAREST 1¢ INCREMENT. THIRTY DAYS PRIOR TO
15 APRIL 1, THE SECRETARY SHALL PUBLISH IN THE PENNSYLVANIA
16 BULLETIN NOTICE OF THE NEW WAGE RATE.
17 (B) FEDERAL LAW.--IF THE MINIMUM WAGE SET FORTH IN THE FAIR
18 LABOR STANDARDS ACT OF 1938 (52 STAT. 1060, 29 U.S.C. § 201 ET
19 SEQ.) IS INCREASED ABOVE THE LEVEL REQUIRED BY THIS SECTION, THE
20 MINIMUM WAGE SHALL MATCH THE LEVELS OF THE FAIR LABOR STANDARDS
21 ACT OF 1938.
22 (C) REGULATION.--THE SECRETARY, TO THE EXTENT NECESSARY TO
23 PREVENT CURTAILMENT OF EMPLOYMENT OPPORTUNITIES, SHALL BY
24 REGULATIONS PROVIDE FOR THE EMPLOYMENT OF LEARNERS AND STUDENTS,
25 UNDER SPECIAL CERTIFICATES AT WAGES LOWER THAN THE MINIMUM WAGE
26 APPLICABLE UNDER THIS SECTION, AND SUBJECT TO SUCH LIMITATIONS
27 AS TO NUMBER, PROPORTION AND LENGTH OF SERVICE AS THE SECRETARY
28 SHALL PRESCRIBE. THE MINIMUM WAGE PRESCRIBED UNDER THIS
29 SUBSECTION SHALL NOT BE LESS THAN 85% OF THE OTHERWISE
30 APPLICABLE WAGE RATE IN EFFECT UNDER THIS SECTION. A SPECIAL
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1 CERTIFICATE ISSUED UNDER THIS SUBSECTION SHALL PROVIDE THAT SIX
2 OR FEWER STUDENTS FOR WHOM IT IS ISSUED SHALL, EXCEPT DURING
3 VACATION PERIODS, BE EMPLOYED ON A PART-TIME BASIS AND NOT IN
4 EXCESS OF 20 HOURS IN ANY WORKWEEK AT A SUBMINIMUM RATE. IN THE
5 CASE OF AN EMPLOYER WHO INTENDS TO EMPLOY SEVEN OR MORE
6 STUDENTS, AT A SUBMINIMUM RATE, THE SECRETARY MAY ISSUE A
7 SPECIAL CERTIFICATE ONLY IF THE EMPLOYER CERTIFIES TO THE
8 SECRETARY THAT EMPLOYMENT OF SUCH STUDENTS WILL NOT CREATE A
9 SUBSTANTIAL PROBABILITY OF REDUCING THE FULL-TIME EMPLOYMENT
10 OPPORTUNITIES FOR OTHER WORKERS.
11 (D) OVERTIME.--EMPLOYEES SHALL BE PAID FOR OVERTIME NOT LESS
12 THAN ONE AND ONE-HALF TIMES THE EMPLOYEE'S REGULAR RATE AS
13 PRESCRIBED IN REGULATIONS PROMULGATED BY THE SECRETARY. STUDENTS
14 EMPLOYED IN SEASONAL OCCUPATIONS AS DEFINED AND DELIMITED BY
15 REGULATIONS PROMULGATED BY THE SECRETARY MAY, BY SUCH
16 REGULATIONS, BE EXCLUDED FROM THE OVERTIME PROVISIONS OF THIS
17 CHAPTER. THE SECRETARY SHALL PROMULGATE REGULATIONS WITH RESPECT
18 TO OVERTIME SUBJECT TO THE LIMITATIONS THAT NO PAY FOR OVERTIME
19 IN ADDITION TO THE REGULAR RATE SHALL BE REQUIRED EXCEPT FOR
20 HOURS IN EXCESS OF 40 HOURS IN A WORKWEEK.
21 (E) IMPAIRMENT.--AN EMPLOYEE WHOSE EARNING CAPACITY IS
22 IMPAIRED BY PHYSICAL OR MENTAL DEFICIENCY OR INJURY MAY BE PAID
23 LESS THAN THE APPLICABLE MINIMUM WAGE IF EITHER A LICENSE
24 SPECIFYING A WAGE RATE COMMENSURATE WITH THE EMPLOYEE'S
25 PRODUCTIVE CAPACITY HAS BEEN OBTAINED BY THE EMPLOYER FROM THE
26 SECRETARY OR A FEDERAL CERTIFICATE IS OBTAINED UNDER SECTION
27 14(C) OF THE FAIR LABOR STANDARDS ACT OF 1938. A LICENSE
28 OBTAINED FROM THE SECRETARY SHALL BE GRANTED ONLY UPON JOINT
29 APPLICATION OF EMPLOYER AND EMPLOYEE.
30 § 6905. EXEMPTIONS.
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1 (A) DOUBLE EXEMPTIONS.--EMPLOYMENT IN THE FOLLOWING
2 CLASSIFICATIONS SHALL BE EXEMPT FROM BOTH THE MINIMUM WAGE AND
3 OVERTIME PROVISIONS OF THIS CHAPTER:
4 (1) LABOR ON A FARM.
5 (2) DOMESTIC SERVICES IN OR ABOUT THE PRIVATE HOME OF
6 THE EMPLOYER.
7 (3) DELIVERY OF NEWSPAPERS TO THE CONSUMER.
8 (4) IN CONNECTION WITH THE PUBLICATION OF ANY WEEKLY,
9 SEMIWEEKLY OR DAILY NEWSPAPER WITH A CIRCULATION OF LESS THAN
10 4,000, THE MAJOR PART OF WHICH CIRCULATION IS WITHIN THE
11 COUNTY WHERE PUBLISHED OR COUNTIES CONTIGUOUS THERETO.
12 (5) IN A BONA FIDE EXECUTIVE, ADMINISTRATIVE, OR
13 PROFESSIONAL CAPACITY, INCLUDING ANY EMPLOYEE EMPLOYED IN THE
14 CAPACITY OF ACADEMIC ADMINISTRATIVE PERSONNEL OR TEACHERS IN
15 ELEMENTARY OR SECONDARY SCHOOLS, OR IN THE CAPACITY OF
16 OUTSIDE SALESMAN, AS SUCH TERMS ARE DEFINED AND DELIMITED
17 FROM TIME TO TIME BY REGULATIONS OF THE SECRETARY, EXCEPT
18 THAT AN EMPLOYEE OF A RETAIL OR SERVICE ESTABLISHMENT SHALL
19 NOT BE EXCLUDED FROM THE DEFINITION OF EMPLOYEE EMPLOYED IN A
20 BONA FIDE EXECUTIVE OR ADMINISTRATIVE CAPACITY BECAUSE OF THE
21 NUMBER OF HOURS IN HIS WORKWEEK WHICH HE DEVOTES TO
22 ACTIVITIES NOT DIRECTLY OR CLOSELY RELATED TO THE PERFORMANCE
23 OF EXECUTIVE ADMINISTRATIVE ACTIVITIES, IF LESS THAN 40% OF
24 HIS HOURS WORKED IN THE WORKWEEK ARE DEVOTED TO SUCH
25 ACTIVITIES.
26 (6) IN THE ACTIVITIES OF AN EDUCATIONAL, CHARITABLE,
27 RELIGIOUS OR NONPROFIT ORGANIZATION WHERE THE EMPLOYER-
28 EMPLOYEE RELATIONSHIP DOES NOT IN FACT EXIST OR WHERE THE
29 SERVICES ARE RENDERED TO SUCH ORGANIZATION GRATUITOUSLY.
30 (7) IN SEASONAL EMPLOYMENT, IF THE EMPLOYEE IS UNDER 18
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1 YEARS OF AGE, OR IF A STUDENT UNDER 24 YEARS OF AGE, BY A
2 NONPROFIT HEALTH OR WELFARE AGENCY ENGAGED IN ACTIVITIES
3 DEALING WITH HANDICAPPED OR EXCEPTIONAL CHILDREN OR BY A
4 NONPROFIT DAY OR RESIDENT SEASONAL RECREATIONAL CAMP FOR
5 CAMPERS UNDER THE AGE OF 18 YEARS, WHICH OPERATES FOR A
6 PERIOD OF LESS THAN THREE MONTHS IN ANY ONE YEAR.
7 (8) IN EMPLOYMENT BY AN ESTABLISHMENT WHICH IS A PUBLIC
8 AMUSEMENT OR RECREATIONAL ESTABLISHMENT, ORGANIZED CAMP OR
9 RELIGIOUS OR NONPROFIT EDUCATIONAL CONFERENCE CENTER, IF:
10 (I) IT DOES NOT OPERATE FOR MORE THAN SEVEN MONTHS
11 IN ANY CALENDAR YEAR; OR
12 (II) DURING THE PRECEDING CALENDAR YEAR, ITS AVERAGE
13 RECEIPTS FOR ANY SIX MONTHS OF SUCH YEAR WERE NOT MORE
14 THAN 33 1/3% OF ITS AVERAGE RECEIPTS FOR THE OTHER SIX
15 MONTHS OF SUCH YEAR.
16 (9) GOLF CADDY.
17 (10) IN EMPLOYMENT AS A SWITCHBOARD OPERATOR EMPLOYED BY
18 AN INDEPENDENTLY OWNED PUBLIC TELEPHONE COMPANY WHICH HAS NOT
19 MORE THAN 750 STATIONS.
20 (11) EMPLOYEES NOT SUBJECT TO CIVIL SERVICE LAWS WHO
21 HOLD ELECTIVE OFFICE OR ARE ON THE PERSONAL STAFF OF SUCH AN
22 OFFICEHOLDER, ARE IMMEDIATE ADVISERS TO HIM, OR ARE APPOINTED
23 BY HIM TO SERVE ON A POLICY-MAKING LEVEL.
24 (B) OVERTIME EXEMPTIONS.--EMPLOYMENT IN THE FOLLOWING
25 CLASSIFICATIONS SHALL BE EXEMPT FROM THE OVERTIME PROVISIONS OF
26 THIS CHAPTER:
27 (1) SEAMAN.
28 (2) ANY SALESMAN, PARTSMAN OR MECHANIC PRIMARILY ENGAGED
29 IN SELLING AND SERVICING AUTOMOBILES, TRAILERS, TRUCKS, FARM
30 IMPLEMENTS OR AIRCRAFT IF EMPLOYED BY A NONMANUFACTURING
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1 ESTABLISHMENT PRIMARILY ENGAGED IN THE BUSINESS OF SELLING
2 SUCH VEHICLES TO ULTIMATE PURCHASERS.
3 (3) ANY DRIVER EMPLOYED BY AN EMPLOYER ENGAGED IN THE
4 BUSINESS OF OPERATING TAXICABS.
5 (4) ANY EMPLOYEE EMPLOYED AS AN ANNOUNCER, NEWS EDITOR,
6 OR CHIEF ENGINEER BY A RADIO OR TELEVISION STATION, THE MAJOR
7 STUDIO OF WHICH IS LOCATED:
8 (I) IN A CITY OR TOWN OF 100,000 POPULATION OR LESS,
9 ACCORDING TO THE LATEST AVAILABLE DECENNIAL CENSUS
10 FIGURES AS COMPILED BY THE BUREAU OF THE CENSUS, EXCEPT
11 WHERE SUCH CITY OR TOWN IS PART OF A STANDARD
12 METROPOLITAN STATISTICAL AREA, AS DEFINED AND DESIGNATED
13 BY THE BUREAU OF THE BUDGET, WHICH HAS A TOTAL POPULATION
14 IN EXCESS OF 100,000; OR
15 (II) IN A CITY OR TOWN OF 25,000 POPULATION OR LESS,
16 WHICH IS PART OF SUCH AN AREA BUT IS AT LEAST 40 AIRLINE
17 MILES FROM THE PRINCIPAL CITY IN SUCH AREA.
18 (5) ANY EMPLOYEE ENGAGED IN THE PROCESSING OF MAPLE SAP
19 INTO SUGAR (OTHER THAN REFINED SUGAR) OR SYRUP.
20 (6) EMPLOYMENT BY AN ESTABLISHMENT WHICH IS A MOTION
21 PICTURE THEATER.
22 (7) ANY EMPLOYEE OF A MOTOR CARRIER WITH RESPECT TO WHOM
23 THE FEDERAL SECRETARY OF TRANSPORTATION HAS POWER TO
24 ESTABLISH QUALIFICATIONS AND MAXIMUM HOURS OF SERVICE UNDER
25 49 U.S.C. § 3102(B)(1) AND (2) (RELATING TO REQUIREMENTS FOR
26 QUALIFICATIONS, HOURS OF SERVICE, SAFETY AND EQUIPMENT
27 STANDARDS).
28 § 6906. MINIMUM WAGE ADVISORY BOARD.
29 (A) BOARD CREATED.--THERE IS HEREBY CREATED IN THE
30 DEPARTMENT OF LABOR AND INDUSTRY A MINIMUM WAGE ADVISORY BOARD
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1 CONSISTING OF NINE MEMBERS TO BE APPOINTED BY THE SECRETARY TO
2 ASSIST HIM IN CARRYING OUT HIS DUTIES UNDER THIS CHAPTER, AND
3 FOR THE PURPOSE OF CONDUCTING PUBLIC HEARINGS AT THE REQUEST OF
4 THE SECRETARY IN ORDER TO RECOMMEND RULES AND REGULATIONS FOR
5 THE OCCUPATIONS COVERED WITHIN THIS CHAPTER.
6 (B) MEMBERSHIP.--OF THE NINE MEMBERS, THREE SHALL BE
7 REPRESENTATIVES OF AN ESTABLISHED RECOGNIZED ASSOCIATION OF
8 LABOR ORGANIZATIONS, THREE SHALL BE REPRESENTATIVES OF AN
9 ESTABLISHED RECOGNIZED ASSOCIATION OF EMPLOYERS AND THREE SHALL
10 BE MEMBERS FROM THE GENERAL PUBLIC. THE SECRETARY OR HIS
11 DESIGNATED REPRESENTATIVE SHALL BE CHAIRMAN OF THE BOARD.
12 (C) COMPENSATION.--EACH MEMBER OF THE BOARD SHALL RECEIVE
13 COMPENSATION OF $30 PER DAY PLUS NECESSARY EXPENSES FOR EACH DAY
14 ACTUALLY SPENT IN THE PERFORMANCE OF HIS DUTIES. NO EMPLOYEE OF
15 THE COMMONWEALTH SHALL RECEIVE ANY ADDITIONAL COMPENSATION OR
16 EXPENSES ON ACCOUNT OF HIS SERVICES UNDER THIS CHAPTER.
17 (D) NOTICE.--AT LEAST TEN DAYS' PUBLIC NOTICE SHALL BE GIVEN
18 IN THE MANNER PRESCRIBED BY THE BOARD PRIOR TO ANY PUBLIC
19 HEARING OF THE BOARD. FIVE MEMBERS OF THE BOARD SHALL CONSTITUTE
20 A QUORUM.
21 (E) POWERS.--THE BOARD SHALL HAVE THE POWER AND DUTY TO:
22 (1) CONSULT WITH THE SECRETARY CONCERNING ANY MATTER
23 ARISING UNDER THE ADMINISTRATION OF THIS CHAPTER AND ADVISE
24 AND ASSIST HIM IN CARRYING OUT THE DUTIES PRESCRIBED FOR HIM
25 BY SECTION 6908 (RELATING TO DUTY OF EMPLOYER).
26 (2) CONDUCT PUBLIC HEARINGS AT THE REQUEST OF THE
27 SECRETARY IN ORDER TO DEVELOP RULES AND REGULATIONS IN
28 ACCORDANCE WITH SECTION 6909 (RELATING TO ENFORCEMENT; RULES
29 AND REGULATIONS), IN WHICH HEARINGS DUE PROCESS OF LAW SHALL
30 BE OBSERVED AND ANY PERSON MAY APPEAR AND BE HEARD OR FILE
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1 STATEMENTS IN SUPPORT OF HIS POSITION.
2 (3) SUBMIT ITS REPORT, INCLUDING RECOMMENDATIONS FOR THE
3 PROMULGATION OF RULES AND REGULATIONS, TO THE SECRETARY, WHO
4 SHALL WITHIN 30 DAYS THEREAFTER ACCEPT SUCH REPORT OR REFER
5 IT TO THE BOARD FOR FURTHER CONSIDERATION AND CONSULTATION.
6 IF THE REPORT IS REFERRED TO THE BOARD FOR FURTHER
7 CONSIDERATION, THE SECRETARY SHALL, IN CONSULTATION WITH THE
8 BOARD, MODIFY, AMEND, OR OTHERWISE ACT UPON SUCH REPORT
9 WITHIN 60 DAYS THEREAFTER. RULES AND REGULATIONS DEVELOPED
10 AND PROMULGATED HEREUNDER SHALL BE PUBLISHED AND ANY PERSON
11 AGGRIEVED THEREBY SHALL HAVE A RIGHT OF REVIEW.
12 § 6907. INVESTIGATIONS.
13 THE SECRETARY OR HIS REPRESENTATIVE SHALL HAVE AUTHORITY TO
14 INVESTIGATE AND ASCERTAIN THE WAGES OF PERSONS EMPLOYED IN ANY
15 OCCUPATION IN THIS COMMONWEALTH; ENTER AND INSPECT THE PLACE OF
16 BUSINESS OR EMPLOYMENT OF ANY EMPLOYER IN ANY OCCUPATION IN THIS
17 COMMONWEALTH AT ANY REASONABLE TIME, FOR THE PURPOSE OF
18 EXAMINING AND INSPECTING ANY RECORDS OF ANY SUCH EMPLOYER THAT
19 IN ANY WAY RELATE TO WAGES, HOURS, OR OTHER CONDITIONS OF
20 EMPLOYMENT OF ANY SUCH EMPLOYEES; COPY ANY OR ALL OF SUCH
21 RECORDS AS HE OR HIS AUTHORIZED REPRESENTATIVE MAY DEEM
22 NECESSARY OR APPROPRIATE; REQUIRE FROM SUCH EMPLOYER FULL AND
23 ACCURATE STATEMENTS IN WRITING, AT SUCH TIMES AS THE SECRETARY
24 MAY DEEM NECESSARY, OF THE WAGES PAID TO ALL EMPLOYEES IN HIS
25 EMPLOYMENT; AND INTERROGATE SUCH PERSONS FOR THE PURPOSE OF
26 ASCERTAINING WHETHER THE PROVISIONS OF THIS CHAPTER AND THE
27 REGULATIONS ISSUED HAVE BEEN AND ARE BEING COMPLIED WITH.
28 § 6908. DUTY OF EMPLOYER.
29 EVERY EMPLOYER SHALL KEEP A TRUE AND ACCURATE RECORD OF THE
30 HOURS WORKED BY EACH EMPLOYEE AND THE WAGES PAID TO EACH, AND
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1 SHALL FURNISH TO THE SECRETARY OR HIS DULY AUTHORIZED
2 REPRESENTATIVE, UPON DEMAND, A SWORN STATEMENT OF THE SAME. SUCH
3 RECORDS SHALL BE OPEN TO INSPECTION BY ANY DULY AUTHORIZED
4 REPRESENTATIVE OF THE SECRETARY AT ANY REASONABLE TIME AND SHALL
5 BE PRESERVED FOR A PERIOD OF THREE YEARS. EVERY EMPLOYER SUBJECT
6 TO THIS CHAPTER SHALL KEEP A SUMMARY OF THIS CHAPTER AND ANY
7 REGULATIONS ISSUED HEREUNDER APPLICABLE TO HIM POSTED IN A
8 CONSPICUOUS PLACE WHERE EMPLOYEES NORMALLY PASS AND CAN READ IT.
9 EMPLOYERS SHALL, UPON REQUEST, BE FURNISHED COPIES OF SUCH
10 SUMMARIES WITHOUT CHARGE. EMPLOYERS SHALL PERMIT ANY DULY
11 AUTHORIZED REPRESENTATIVE OF THE SECRETARY TO INTERROGATE ANY
12 EMPLOYEE IN THE PLACE OF EMPLOYMENT AND DURING WORK HOURS WITH
13 RESPECT TO THE WAGES PAID AND THE HOURS WORKED BY SUCH EMPLOYEE
14 OR OTHER EMPLOYEES.
15 § 6909. ENFORCEMENT; RULES AND REGULATIONS.
16 THE SECRETARY, ATTORNEY GENERAL AND DISTRICT ATTORNEYS SHALL
17 ENFORCE THIS CHAPTER. THE SECRETARY SHALL MAKE AND, FROM TIME TO
18 TIME, REVISE REGULATIONS, WITH THE ASSISTANCE OF THE BOARD WHEN
19 REQUESTED BY HIM, WHICH SHALL BE DEEMED APPROPRIATE TO CARRY OUT
20 THE PURPOSES OF THIS CHAPTER AND TO SAFEGUARD THE MINIMUM WAGE
21 RATES HEREBY ESTABLISHED. SUCH REGULATIONS MAY INCLUDE, BUT ARE
22 NOT LIMITED TO, REGULATIONS DEFINING AND GOVERNING BONA FIDE
23 EXECUTIVE, ADMINISTRATIVE OR PROFESSIONAL EMPLOYEES AND OUTSIDE
24 SALESMEN, LEARNERS AND APPRENTICES, THEIR NUMBER, PROPORTION,
25 LENGTH OF LEARNING PERIOD AND OTHER WORKING CONDITIONS;
26 HANDICAPPED WORKERS; PART-TIME PAY; OVERTIME STANDARDS; BONUSES;
27 ALLOWANCES FOR BOARD, LODGING, APPAREL OR OTHER FACILITIES OR
28 SERVICES CUSTOMARILY FURNISHED BY EMPLOYERS TO EMPLOYEES;
29 ALLOWANCES FOR GRATUITIES; OR ALLOWANCES FOR SUCH OTHER SPECIAL
30 CONDITIONS OR CIRCUMSTANCES WHICH MAY BE INCIDENTAL TO A
19960H2449B3495 - 13 -
1 PARTICULAR EMPLOYER-EMPLOYEE RELATIONSHIP.
2 § 6910. UNCONSTITUTIONALITY.
3 IF ANY PROVISION OF THIS CHAPTER, OR THE APPLICATION HEREOF
4 TO ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID, THE REMAINDER
5 OF THIS CHAPTER AND THE APPLICATION OF SUCH PROVISIONS TO OTHER
6 PERSONS OR CIRCUMSTANCES SHALL NOT BE AFFECTED HEREBY.
7 § 6911. PENALTIES.
8 (A) DISCHARGE OR DISCRIMINATION.--ANY EMPLOYER AND HIS
9 AGENT, OR THE OFFICER OR AGENT OF ANY CORPORATION, WHO
10 DISCHARGES OR IN ANY OTHER MANNER DISCRIMINATES AGAINST ANY
11 EMPLOYEE BECAUSE SUCH EMPLOYEE HAS TESTIFIED OR IS ABOUT TO
12 TESTIFY BEFORE THE SECRETARY OR HIS REPRESENTATIVE IN ANY
13 INVESTIGATION OR PROCEEDING UNDER OR RELATED TO THIS CHAPTER, OR
14 BECAUSE SUCH EMPLOYER BELIEVES THAT SAID EMPLOYEE MAY SO TESTIFY
15 SHALL, UPON CONVICTION HEREOF IN A SUMMARY PROCEEDING, BE
16 SENTENCED TO PAY A FINE OF NOT LESS THAN $500 NOR MORE THAN
17 $1,000, AND IN DEFAULT OF THE PAYMENT OF SUCH FINE AND COSTS
18 SHALL BE SENTENCED TO IMPRISONMENT FOR NOT LESS THAN TEN DAYS
19 NOR MORE THAN 90 DAYS.
20 (B) UNDERPAYMENT.--ANY EMPLOYER OR THE OFFICER OR AGENT OF
21 ANY CORPORATION WHO PAYS OR AGREES TO PAY ANY EMPLOYEE LESS THAN
22 THE RATES APPLICABLE TO SUCH EMPLOYEE UNDER THIS CHAPTER SHALL,
23 UPON CONVICTION THEREOF IN A SUMMARY PROCEEDING, BE SENTENCED TO
24 PAY A FINE OF NOT LESS THAN $75 NOR MORE THAN $300 OR TO UNDERGO
25 IMPRISONMENT OF NOT LESS THAN TEN NOR MORE THAN 60 DAYS, OR
26 BOTH. EACH WEEK IN WHICH SUCH EMPLOYEE IS PAID LESS THAN THE
27 RATE APPLICABLE TO HIM UNDER THIS CHAPTER AND FOR EACH EMPLOYEE
28 WHO IS PAID LESS THAN THE PRESCRIBED RATE, A SEPARATE OFFENSE
29 SHALL BE DEEMED TO OCCUR. ANY AGREEMENT BETWEEN THE EMPLOYER AND
30 THE EMPLOYEE TO WORK FOR LESS THAN THE APPLICABLE WAGE RATE
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1 SHALL BE NO DEFENSE TO ACTION BY THE COMMONWEALTH UNDER THIS
2 CHAPTER.
3 (C) OTHER VIOLATIONS.--ANY EMPLOYER OR THE OFFICER OR AGENT
4 OF ANY CORPORATION WHO VIOLATES ANY OTHER PROVISION OF THIS
5 CHAPTER OR OF ANY REGULATION ISSUED HEREUNDER SHALL, UPON
6 CONVICTION HEREOF IN A SUMMARY PROCEEDING, BE SENTENCED TO PAY A
7 FINE OF NOT LESS THAN $100 NOR MORE THAN $500, AND EACH DAY OF
8 SUCH FAILURE TO COMPLY WITH THIS CHAPTER OR REGULATION SHALL
9 CONSTITUTE A SEPARATE OFFENSE.
10 § 6912. CIVIL ACTIONS.
11 IF ANY EMPLOYEE IS PAID BY HIS OR HER EMPLOYER LESS THAN THE
12 MINIMUM WAGES PROVIDED BY SECTION 6904 (RELATING TO MINIMUM
13 WAGES) OR BY ANY REGULATION ISSUED THEREUNDER, SUCH WORKER MAY
14 RECOVER IN A CIVIL ACTION THE FULL AMOUNT OF SUCH MINIMUM WAGE
15 LESS ANY AMOUNT ACTUALLY PAID TO THE WORKER BY THE EMPLOYER,
16 TOGETHER WITH COSTS AND SUCH REASONABLE ATTORNEY FEES AS MAY BE
17 ALLOWED BY THE COURT, AND ANY AGREEMENT BETWEEN THE EMPLOYER AND
18 THE WORKER TO WORK FOR LESS THAN SUCH MINIMUM WAGE SHALL BE NO
19 DEFENSE TO SUCH ACTION. AT THE REQUEST OF ANY EMPLOYEE PAID LESS
20 THAN THE MINIMUM WAGE TO WHICH SUCH EMPLOYEE WAS ENTITLED UNDER
21 THIS CHAPTER AND REGULATIONS ISSUED HEREUNDER, THE SECRETARY MAY
22 TAKE AN ASSIGNMENT OF SUCH WAGE CLAIM IN TRUST FOR THE ASSIGNING
23 WORKER AND MAY BRING ANY LEGAL ACTION NECESSARY TO COLLECT SUCH
24 CLAIM, AND THE EMPLOYER SHALL BE REQUIRED TO PAY THE COST AND
25 SUCH REASONABLE ATTORNEY FEES AS MAY BE ALLOWED BY THE COURT.
26 SECTION 3. THE ACT OF JANUARY 17, 1968 (P.L.11, NO.5), KNOWN
27 AS THE MINIMUM WAGE ACT OF 1968, IS REPEALED.
28 Section 2 4. This act shall take effect immediately. <--
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