PRINTER'S NO. 1885
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1200
Session of
2018
INTRODUCED BY TARTAGLIONE, STREET, FARNESE, SCHWANK AND HUGHES,
JUNE 15, 2018
REFERRED TO LABOR AND INDUSTRY, JUNE 15, 2018
AN ACT
Amending the act of December 17, 1959 (P.L.1913, No.694),
entitled "An act prohibiting discrimination in rate of pay
because of sex; conferring powers and imposing duties on the
Department of Labor and Industry; and prescribing penalties,"
further providing for definitions, for wage rates and for
collection of unpaid wages.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(a) of the act of December 17, 1959
(P.L.1913, No.694), known as the Equal Pay Law, is amended and
the section is amended by adding subsections to read:
Section 2. Definitions.--(a) The term "employe," as used in
this act, shall mean any person employed for hire in any
[lawful] business, industry, trade or profession, or in any
other [lawful] enterprise in which individuals are gainfully
employed; including individuals employed by the Commonwealth or
any of its political subdivisions, including public bodies[:
Provided, however, That the term "employe" as used in this act
shall not apply to any person or persons who is or are subject
to section 6 of the Federal Fair Labor Standards Act (Act of
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June 25, 1938, as amended)].
* * *
(e.1) The term "wages" includes all earnings of an employe,
regardless of whether determined on time, task, piece,
commission or other method of calculation, including salaries
based on annual or other basis. The term "wages" also includes
fringe benefits, wage supplements or other compensation, whether
payable by the employer from funds of the employer or from
amounts withheld from the employe's pay by the employer.
(e.2) The term "comparable work" shall mean work that is
substantially similar in that it requires substantially similar
skill, effort and responsibility and is performed under similar
working conditions. A job title or job description alone shall
not determine comparability.
(e.3) The term "working conditions" shall include the
circumstances customarily taken into consideration in setting
salary or wages, including, but not limited to, reasonable shift
differentials, physical surroundings and hazards encountered by
employes performing a job.
* * *
Section 2. Section 3 of the act is amended to read:
Section 3. Wage Rates.--(a) No employer having employes
subject to any provisions of this section shall discriminate[,
within any establishment in which such employes are employed,]
between employes on the basis of sex by paying wages to employes
[in such establishment] at a rate less than the rate at which
[he] the employer pays wages to employes of the opposite sex [in
such establishment] for [equal] comparable work [on jobs, the
performance of which, requires equal skill, effort, and
responsibility, and which are performed under similar working
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conditions], except where [such payment is made pursuant to (1)
a seniority system; (2) a merit system; (3) a system which
measures earnings by quantity or quality of production; or (4) a
differential based on any other factor other than sex: Provided,
That any] the employer demonstrates:
(1) The wage differential is based upon one or more of the
following factors:
(i) A bona fide seniority system. Time spent on leave due to
a pregnancy-related condition and protected parental, family and
medical leave shall not reduce seniority.
(ii) A bona fide merit system.
(iii) A bona fide system which measures earnings by quantity
or quality of production or sales.
(iv) A bona fide factor other than sex, including education,
training or experience.
(2) Each factor relied upon is applied reasonably.
(3) The one or more factors relied upon account for the
entire wage differential.
(4) The job title or job description alone does not
determine if two jobs are comparable.
(a.1) Any employer who is paying a wage rate differential in
violation of [this] subsection (a) shall not, in order to comply
with the provisions of [this] subsection (a), reduce the wage
rate of any employe.
(a.2) The bona fide factor defense described under
subsection (a)(1)(iv):
(1) Shall apply only if the employer demonstrates that the
bona fide factor:
(i) is not based upon or derived from a sex-based
differential in compensation;
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(ii) is job-related with respect to the position in
question; and
(iii) is consistent with business necessity. For purposes of
this subparagraph, "business necessity" means an overriding
legitimate business purpose such that the factor relied upon
effectively fulfills the business purpose it is supposed to
serve.
(2) Shall not apply if the employe demonstrates that an
alternative business practice exists that would serve the same
business purpose without producing the wage differential.
(b) No labor organization, or its agents, representing
employes of an employer having employes subject to any
provisions of this section, shall cause or attempt to cause such
an employer to discriminate against an employe in violation of
subsection (a) of this section.
Section 3. Section 5(b) of the act is amended and the
section is amended by adding a subsection to read:
Section 5. Collection of Unpaid Wages.--* * *
(a.1) The Attorney General may also bring an action to
collect unpaid wages on behalf of one or more employes, as well
as damages, equitable relief and attorney fees and costs. The
costs and attorney fees shall be paid to the Commonwealth. The
Attorney General shall not be required to pay any filing fee or
other cost in connection with the action.
(b) Any action pursuant to the provisions of this act must
be brought within two years from the date upon which the
violation complained of occurs[.] unless the violation is a
wilful violation, in which case the action must be brought
within three years from the date of the violation. For the
purposes of this section, a violation occurs when:
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(1) a discriminatory wage decision or practice is adopted;
(2) an individual is subject to a discriminatory wage
decision or practice; or
(3) an individual is affected by application of a
discriminatory wage decision or practice, including each time
wages paid result, in whole or in part, from a discriminatory
wage decision or practice.
Section 4. This act shall take effect in 30 days.
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