AN ACT

 

1Prohibiting a public employer from deducting from a public
2employee's salary or wages any funds which inure to the
3benefit of a private organization.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Public
8Workers Paycheck Protection Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Deduction." A subtraction of a monetary amount of any kind
14by an employer from gross salary or wages.

15"Private organization." An association, sole proprietorship,
16partnership, corporation, limited liability company or any other
17type of entity organized under the laws of Pennsylvania or any
18other state.

1"Public employee." An individual paid a wage or salary by a
2public employer.

3"Public employer." The Commonwealth of Pennsylvania, its
4political subdivisions, including school districts, and any
5board, commission, agency, authority or other instrumentality
6thereof.

7Section 3. Public employee payroll deductions.

8(a) Prohibitions on deductions.--A public employer may not
9take deductions from a public employee's salary or wages of any
10funds that inure to the benefit of a private organization.

11(b) Exceptions.--The prohibitions under subsection (a) shall
12not apply if:

13(1) The deductions represent the employee's contribution
14toward direct or indirect benefits received from the employer
15the value of which is considered part of the employee's
16compensation from the employer, such as medical insurance,
17retirement plans, a cafeteria plan as defined in section 125
18of the Internal Revenue Code of 1986 (Public Law 99-514, 26
19U.S.C. § 125) or deferred compensation.

20(2) The public employer is in receipt of a court order
21pertaining to the individual employee that provides for the
22deduction.

23Section 4. Injunctive relief.

24Notwithstanding any other law to the contrary, a person
25injured or threatened with injury by any action or conduct
26prohibited by this act shall be entitled to injunctive relief
27from the action or conduct and to damages for any injuries
28sustained.

29Section 5. Repeals.

30(a) Specific.--The following acts and parts of acts are

1repealed insofar as they are inconsistent with this act:

2(1) Section 2215 of the act of April 9, 1929 (P.L.177,
3No.175), known as The Administrative Code of 1929.

4(2) Section 705 of the act of July 23, 1970 (P.L.563,
5No.195), known as the Public Employe Relations Act.

6(3) Sections 3 and 4 of the act of June 2, 1993 (P.L.45,
7No.15), known as the Public Employee Fair Share Fee Law.

8(b) General.--All other acts and parts of acts are repealed
9insofar as they are inconsistent with this act.

10Section 6. Effective date.

11This act shall take effect in 60 days.