1Providing for meal or rest periods for employees; and imposing
2duties on the Department of Labor and Industry.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Meal or Rest
7Period Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Authorized representative." An employee of the Department
13of Labor and Industry who is empowered to perform duties
14assigned in conformity with all existing laws, rules and
15regulations administered by the department.

16"Department." The Department of Labor and Industry.

17"Employer." Includes every person, firm, partnership,

1association, corporation, receiver or other officer of a court
2of this Commonwealth and any agent or officer of any of the
3above-mentioned classes employing any person in this
4Commonwealth.

5"Secretary." The Secretary of Labor and Industry.

6Section 3. Meal or rest period.

7(a) Provisions.--No employer shall employ any person for a
8work period of more than five hours without a meal or rest
9period of not less than 30 minutes, except that when a work
10period of not more than six hours will complete the day's work,
11the meal or rest period may be waived by mutual consent of the
12employer and the employee. Unless the employee is relieved of
13all duty during a 30-minute meal or rest period, the meal or
14rest period shall be considered an "on duty" meal or rest period
15and counted as time worked. An "on duty" meal or rest period
16shall be permitted only when the nature of the work prevents an
17employee from being relieved of all duty and when, by written
18agreement between the parties, an on-the-job paid meal or rest
19period is agreed to. The written agreement shall state that the
20employee may, in writing, revoke the agreement at any time.

21(b) Compensation.--If an employer fails to provide an
22employee a meal or rest period in accordance with the applicable
23provisions of this act, the employer shall pay the employee one
24hour of pay at the employee's regular rate of compensation for
25each workday that the meal or rest period is not provided.

26(c) Dining location.--In all places of employment where
27employees are required to eat on the premises, a suitable place
28for that purpose shall be designated.

29(d) Health care workers.--Notwithstanding any other
30provision of this act, employees in the health care industry who

1work shifts in excess of ten total hours in a workday may
2voluntarily waive their right to one of their two meal or rest
3periods. In order to be valid, any such waiver must be
4documented in a written agreement that is voluntarily signed by
5both the employee and the employer. The employee may revoke the
6waiver at any time by providing the employer at least one day's
7written notice. The employee shall be fully compensated for all
8working time, including any on-the-job meal or rest period,
9while such a waiver is in effect.

10Section 4. Inspection.

11Every employer shall keep open to inspection by the
12secretary, or his or her authorized representative, all records
13or documents relative to the enforcement of this act.
14Inspections may be made by the secretary or his or her
15authorized representative at any reasonable time. Every employer
16shall permit the secretary or any authorized representative to
17interrogate any employee in the place of employment and during
18work hours with respect to such records or documents. Where such
19records are maintained at a central recordkeeping office outside
20this Commonwealth, such records shall be made available for
21inspection at the place of employment within seven calendar days
22following verbal or written notice from the secretary or his or
23her authorized representative. Where a microfilm or any other
24method is authorized for recordkeeping purposes, the employer
25shall make available to the secretary or his or her authorized
26representative the equipment which is necessary to facilitate
27review of the records.

28Section 5. Enforcement.

29The secretary shall enforce and administer the provisions of
30this act.

1Section 6. Rules and regulations.

2The department may promulgate rules and regulations to
3administer and enforce this act.

4Section 7. Effective date.

5This act shall take effect in 60 days.