1Amending the act of August 15, 1961 (P.L.987, No.442), entitled
2"An act relating to public works contracts; providing for
3prevailing wages; imposing duties upon the Secretary of Labor
4and Industry; providing remedies, penalties and repealing
5existing laws," raising the threshold for applicability;<- 
6further providing for specifications; and providing for 
7protection of workmen.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

<-10Section 1. Section 2 of the act of August 15, 1961 (P.L.987,
11No.442), known as the Pennsylvania Prevailing Wage Act, amended
12August 9, 1963 (P.L.653, No.342), is amended to read:

<-13Section 1. Sections 2 and 3 of the act of August 15, 1961
14(P.L.987, No.442), known as the Pennsylvania Prevailing Wage
15Act, amended August 9, 1963 (P.L.653, No.342), are amended to

17Section 2. Definitions.--As used in this act--

18(1) "Department" means Department of Labor and Industry of

1the Commonwealth of Pennsylvania.

2(2) "Locality" means any political subdivision, or
3combination of the same, within the county in which the public
4work is to be performed. When no workmen for which a prevailing
5minimum wage is to be determined hereunder are employed in the
6locality, the locality may be extended to include adjoining
7political subdivisions where such workmen are employed in those
8crafts or trades for which there are no workmen employed in the
9locality as otherwise herein defined.

10(3) "Maintenance work" means the repair of existing
11facilities when the size, type or extent of such facilities is
12not thereby changed or increased.

13(4) "Public body" means the Commonwealth of Pennsylvania,
14any of its political subdivisions, any authority created by the
15General Assembly of the Commonwealth of Pennsylvania and any
16instrumentality or agency of the Commonwealth of Pennsylvania.

17(5) "Public work" means construction, reconstruction,
18demolition, alteration and/or repair work other than maintenance
19work, done under contract and paid for in whole or in part out
20of the funds of a public body where the estimated cost of the
21total project is in excess of [twenty-five thousand dollars
22($25,000)] <-seventy-five thousand dollars ($75,000) one hundred 
23thousand dollars ($100,000), but shall not include work
24performed under a rehabilitation or manpower training program.

25(6) "Secretary" means the Secretary of Labor and Industry or
26his duly authorized deputy or representative.

27(7) "Workman" includes laborer, mechanic, skilled and semi-
28skilled laborer and apprentices employed by any contractor or
29subcontractor and engaged in the performance of services
30directly upon the public work project, regardless of whether

1their work becomes a component part thereof, but does not
2include material suppliers or their employes who do not perform
3services at the job site.

4(8) "Work performed under a rehabilitation program," means
5work arranged by and at a State institution primarily for
6teaching and upgrading the skills and employment opportunities
7of the inmates of such institutions.

8(9) "Advisory Board" means the board created by section 2.1
9of this act.

10(10) "Appeals Board" means the board created by section 2.2
11of this act.

12Section 3. Specifications.--(a) The specifications for<-
13every contract for any public work to which any public body is a
14party, shall contain a provision stating the minimum wage rate
15that must be paid to the workmen employed in the performance of
16the contract.

17(b) No person shall intentionally divide a construction
18project into multiple parts for the purposes of circumventing
19this act.

20Section 2. The act is amended by adding a section to read:

21Section 13.1. Protection of Workmen.--(a) No contractor or
22subcontractor may discharge, threaten or otherwise discriminate
23or retaliate against a workman regarding the employe's
24compensation, terms, conditions, location or privileges of
25employment because the workman exercised his rights under
26section 11(b) or 13.

27(b) No contractor or subcontractor may discharge, threaten
28or otherwise discriminate or retaliate against an employe
29regarding the employe's compensation, terms, conditions,
30location or privilege of employment because the employe is

1requested by the secretary to participate in an investigation,
2hearing or inquiry held by the secretary or in a court action.

3(c) (1) A workman who alleges a violation of this act may
4bring a civil action in a court of competent jurisdiction for
5appropriate injunctive relief or damages, or both, within one
6hundred eighty days after the occurrence of the alleged

8(2) It shall be a defense to an action under this section if
9the defendant proves by a preponderance of the evidence that the
10action by the employer occurred for separate and legitimate
11reasons, which are not merely pretextual.

12(d) A court, in rendering a judgment in an action brought
13under this act, shall order, as the court considers appropriate,
14reinstatement of the employe, the payment of back wages, full
15reinstatement of fringe benefits and seniority rights, damages
16or a combination of the remedies. A court may also award the
17complainant all or a portion of the costs of litigation,
18including reasonable attorney fees and witness fees, if the
19court determines that the award is appropriate.

20Section <-2 3. The amendment of section 2 of the act shall
21apply to contracts entered into on or after the effective date
22of this section.

23Section <-3 4. This act shall take effect in 60 days.