PRIOR PRINTER'S NO. 907
PRINTER'S NO. 1496
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY MILLARD, AUMENT, BAKER, CAUSER, SCHLEGEL CULVER, CUTLER, DENLINGER, EVERETT, FLECK, GINGRICH, GRELL, GROVE, HAHN, C. HARRIS, HICKERNELL, KAUFFMAN, LAWRENCE, MAJOR, MARSICO, MILNE, MOUL, PEIFER, PICKETT, ROCK, ROSS, SAYLOR, STEVENSON, SWANGER, TALLMAN AND CLYMER, FEBRUARY 25, 2013
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 16, 2013
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.
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.
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.
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
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.
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
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
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.
23Section <-3 4. This act shall take effect in 60 days.