PRINTER'S NO. 811
No. 727 Session of 2001
INTRODUCED BY M. COHEN, BELFANTI, MUNDY, DeWEESE, VEON,
MANDERINO, BELARDI, COSTA, CRUZ, CASORIO, D. EVANS, EACHUS,
FRANKEL, GEORGE, GRUCELA, HALUSKA, HARHAI, JAMES, FEESE,
LEDERER, LESCOVITZ, LEVDANSKY, MANN, McCALL, MICHLOVIC,
MYERS, PALLONE, PETRARCA, ROEBUCK, ROONEY, SANTONI,
SCRIMENTI, SHANER, SOLOBAY, STEELMAN, STETLER, SURRA,
TANGRETTI, TIGUE, JOSEPHS, WALKO, WATERS, WOJNAROSKI,
YUDICHAK, BLAUM, FREEMAN, TRAVAGLIO, PRESTON, TRICH, CURRY,
ROBINSON, PISTELLA, LAUGHLIN, C. WILLIAMS, STABACK, DIVEN AND
MELIO, FEBRUARY 14, 2001
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 14, 2001
AN ACT
1 Amending the act of January 17, 1968 (P.L.11, No.5), entitled
2 "An act establishing a fixed minimum wage and overtime rates
3 for employes, with certain exceptions; providing for minimum
4 rates for learners and apprentices; creating a Minimum Wage
5 Advisory Board and defining its powers and duties; conferring
6 powers and imposing duties upon the Department of Labor and
7 Industry; imposing duties on employers; and providing
8 penalties," further providing for minimum wage.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 4(a) and (a.1) of the act of January 17,
12 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968,
13 amended or added December 15, 1988 (P.L.1232, No.150), are
14 amended to read:
15 Section 4. Minimum Wages.--Except as may otherwise be
16 provided under this act:
17 (a) Every employer shall pay to each of his employes wages
1 for all hours worked at a rate of not less than:
2 (1) Two dollars sixty-five cents ($2.65) an hour upon the
3 effective date of this amendment.
4 (2) Two dollars ninety cents ($2.90) an hour during the year
5 beginning January 1, 1979.
6 (3) Three dollars ten cents ($3.10) an hour during the year
7 beginning January 1, 1980.
8 (4) Three dollars thirty-five cents ($3.35) an hour after
9 December 31, 1980.
10 (5) Three dollars seventy cents ($3.70) an hour beginning
11 February 1, 1989[, and thereafter].
12 (6) Five dollars and sixty-five cents ($5.65) an hour
13 beginning 60 days after the effective date of this paragraph,
14 and thereafter.
15 (7) On May 1 of each succeeding year, the secretary shall
16 set the minimum wage to equal the poverty level for a family of
17 three, as set forth by the Department of Health, divided by two
18 thousand eighty (2,080), rounded up to the nearest one-cent (1¢)
19 increment, except that, if the application of this clause would
20 effect an increase in the minimum wage of greater than fifty
21 cents (50¢), the secretary shall set a fifty-cent (50¢)
22 increase. On or before April 1, 1998, and on or before the first
23 day of April of each succeeding year, the secretary shall
24 publish in the Pennsylvania Bulletin notice of the new wage
25 rate.
26 (a.1) If the minimum wage set forth in the Fair Labor
27 Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.)
28 is increased above three dollars thirty-five cents ($3.35) an
29 hour, the minimum wage required under this section shall be
30 increased by the same amounts and effective the same date as the
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1 increases under the Fair Labor Standards Act, and the provisions
2 of subsection (a) are suspended to the extent they [differ from]
3 are less than those set forth under the Fair Labor Standards
4 Act.
5 * * *
6 Section 2. This act shall take effect immediately.
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