PRINTER'S NO. 4297
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2739
Session of
2018
INTRODUCED BY RABB, McCLINTON, DONATUCCI, YOUNGBLOOD, SCHWEYER,
DALEY AND ROEBUCK, OCTOBER 17, 2018
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 17, 2018
AN ACT
Providing for a living wage for employees and contractors of
institutions of higher education in this Commonwealth; and
imposing duties on the Department of Labor and Industry.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Higher
Education Living Wage Act.
Section 2. Findings and declarations.
The General Assembly finds and declares as follows:
(1) This Commonwealth is home to many institutions of
higher education that hold high ideals and play a vital role
in serving the educational needs of its citizens and, in so
doing, help to strengthen this Commonwealth's economy.
(2) Institutions of higher education in this
Commonwealth that receive taxpayer funding should reflect in
their policies relating to employees and contractors the high
ideals of the institutions and the core values of this
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Commonwealth's taxpaying citizens who believe that employees
and contractors serving institutions of higher education
deserve the dignity and fairness of earning, at minimum, a
living wage.
(3) Taxpayers should only subsidize institutions of
higher education that choose to honor their employees and
contractors with the dignity, respect and fairness that comes
with the opportunity to earn a living wage.
(4) According to Pathways PA, a wage of $15 per hour
would meet the sufficiency standard for many, but not all,
counties of this Commonwealth for an employee with one child
to provide for the employee and child without the need for
public assistance.
(5) Institutions of higher education that are paying a
living wage of $15 per hour should be recognized with an
accreditation from the Commonwealth that can be prominently
displayed onsite and on their publicly accessible Internet
websites.
Section 3. Purposes.
The purposes of this act are as follows:
(1) Create a living wage accreditation program for each
institution of higher education that provides a base hourly
wage of at least $15 per hour for each directly employed or
contracted employee of the institution of higher education.
(2) Encourage the provision of a living wage to each
employee of an institution of higher education and each
individual who provides contracted labor or other services by
providing information to students enrolled at the institution
of higher education and the public on the wage rates being
paid to the employees and contractors.
20180HB2739PN4297 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 4. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Base hourly wage." The hourly wage of an employee or
contractor that is exclusive of:
(1) Deductions for payroll taxes, benefits or other
employment charges.
(2) Adjustments for overtime compensation.
"Employee." An individual who is employed directly or
contracted by an institution of higher education to provide
labor or other services on a full-time, part-time, temporary or
seasonal basis.
"Institution of higher education." Any of the following:
(1) An institution of the State System of Higher
Education under Article XX-A of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949.
(2) The Pennsylvania State University, the University of
Pittsburgh, Temple University, Lincoln University and their
branch campuses.
(3) A community college under Article XIX-A of the
Public School Code of 1949.
(4) An accredited institution that offers postsecondary
education providing an associate degree program or an
undergraduate degree program that receives taxpayer funding
from the Commonwealth.
"Living wage accreditation standard." The base hourly wage
of $15, which shall be adjusted annually by the Department of
Human Services in consultation with the Department of Labor and
Industry to reflect:
20180HB2739PN4297 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) an increase in the appropriate regional Consumer
Price Index; or
(2) the adequate living wage standard set by the
Department of Labor and Industry.
Section 5. Institutions of higher education living wage
accreditation.
(a) Reporting requirements.--Beginning 90 days after the
effective date of this section, each institution of higher
education that receives taxpayer funding from the Commonwealth
shall provide the following information on an annual basis to
the Department of Labor and Industry:
(1) The minimum base hourly wage paid for each job
classification at the institution of higher education,
categorized by full-time, part-time, temporary and seasonal
employee or contractor and including total numbers for each
category.
(2) The number of employees and contractors for each job
classification at the institution of higher education,
categorized by full-time, part-time, temporary and seasonal
employee or contractor and including the total number of
employees and contractors.
(3) The total number of employees and contractors who
receive a base hourly wage at, above and below the living
wage accreditation standard at the institution of higher
education, categorized by full-time, part-time, temporary and
seasonal employee or contractor and including the total
number of employees and contractors.
(b) Verification.--Information provided under subsection (a)
shall be based on payroll records and other data in a uniform
format that is verifiable and able to be audited.
20180HB2739PN4297 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(c) Time for submission.--An institution of higher education
shall provide the information under this section within 90 days
of the end of the fiscal year for the institution of higher
education.
Section 6. Determination and accreditation.
(a) Analysis of submitted information.--The Department of
Labor and Industry shall determine whether an institution of
higher education qualifies for a living wage accreditation by
comparing the information received under section 5 to the living
wage accreditation standard for the corresponding period.
(b) Issuance of accreditation document.--The Department of
Labor and Industry shall issue an accreditation document to each
institution of higher education whose employees and contractors
all earn the living wage accreditation standard. The document
shall detail the institution of higher education's accreditation
as an employer that provides wages to its employees and
contractors that meet the living wage accreditation standard.
(c) Annual analysis and issuance.--The analysis of
information provided and the issuance of an accreditation
document under this section shall occur annually.
Section 7. Inspection of records and data.
The Department of Labor and Industry shall annually inspect
payroll records and other data under section 5 to verify that
the information provided under section 5 is complete and
accurate.
Section 8. Posting of information.
(a) Posting by Department of Labor and Industry.--The
Department of Labor and Industry shall post the following on its
publicly accessible Internet website or other appropriate
websites of the Commonwealth:
20180HB2739PN4297 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) The information provided under section 5.
(2) The list of institutions of higher education that
receive an accreditation document under section 6 for the
current year.
(b) Posting by institution of higher education.--Each
institution of higher education shall post the following in a
publicly accessible area of the institution of higher education:
(1) The information provided under section 5.
(2) The accreditation document under section 6 that the
institution of higher education received for the current
year.
Section 9. Effect of accreditation.
Nothing in this act shall require an institution of higher
education to provide wages to some or all of its employees or
contractors in an amount exceeding the living wage accreditation
standard.
Section 10. Administration by Department of Labor and Industry.
The Department of Labor and Industry shall promulgate rules
and regulations necessary to administer this act.
Section 11. Civil penalties.
(a) Imposition of penalty.--The Department of Labor and
Industry shall impose a civil penalty upon an institution of
higher education that fails to:
(1) provide complete, accurate, timely or properly
formatted information as required under section 5; or
(2) submit the information under section 5 for
inspection as required by section 7.
(b) Amount.--The Department of Labor and Industry shall
determine the appropriate amount of the penalty imposed under
subsection (a).
20180HB2739PN4297 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 12. Withholding of State appropriation.
Notwithstanding any other provision of law to the contrary,
an institution of higher education that receives financial
support in the form of an annual appropriation from the General
Assembly shall not receive the appropriation unless the
institution of higher education has been issued an accrediting
document from the Department of Labor and Industry under section
6.
Section 13. Applicability.
This act shall apply to contracts entered into, renewed or
extended on or after the effective date of this section.
Section 14. Construction.
Nothing in this act shall be construed to supersede or
preempt the rights, remedies and procedures afforded to school
employees or labor organizations under the following:
(1) the act of July 23, 1970 (P.L.563, No.195), known as
the Public Employe Relations Act, or any other Federal or
State law; or
(2) any provision of a collective bargaining agreement
negotiated between an institution of higher education and an
exclusive representative of employees in accordance with the
Public Employe Relations Act.
Section 15. Effective date.
This act shall take effect in 90 days.
20180HB2739PN4297 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24