worker to participate in board activities without loss of
compensation.
(3) An employer may not penalize or retaliate against a
direct care worker because of the worker's participation in
any of the activities of the board.
(4) The secretary may assess a civil penalty in an
amount determined by the secretary against an employer who
violates this subsection. Money collected as penalties under
this paragraph shall be paid to the department to reimburse
the board for the costs incurred by the board in performing
its duties.
Section 5. Minimum wage.
(a) General rule.--Upon consideration of the compensation
schedule submitted under section 4(a)(3), the secretary shall
establish by regulation a minimum wage rate at which direct care
workers shall be paid, provided that the rate established by the
secretary is not less than the hourly minimum wage rate that is
required under the act of January 17, 1968 (P.L.11, No.5), known
as The Minimum Wage Act of 1968.
(b) Limitation.--Once the minimum wage rate is established
under subsection (a), the rate may not be lowered unless
approved by a unanimous vote of the board.
(c) Penalties.--An employer who fails to pay the minimum
wage rate established under subsection (a) is subject to a fine
of $1,000 for the first violation, $5,000 for the second
violation and $10,000 for each subsequent violation to be
assessed by the department.
(d) Civil actions.--If a direct care worker is paid by the
employer of the direct care worker less than the minimum wage
rate established in subsection (a), the direct care worker may
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