PRINTER'S NO. 4414
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2889
Session of
2020
INTRODUCED BY HOWARD, McNEILL, ULLMAN, DELLOSO AND READSHAW,
SEPTEMBER 23, 2020
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 23, 2020
AN ACT
Prohibiting certain employee name tags; and providing for
penalties.
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 Employee Name
Tag Safety Act.
Section 2. 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:
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee." An individual employed by an employer.
"Employer." Includes an individual, partnership,
association, corporation, business trust or any person or group
of persons acting directly or indirectly in the interest of an
employer in relation to an employee.
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"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
Section 3. Employee name tag safety.
(a) Prohibition.--An employer may not require that an
employee wear an identification badge or name tag with the
employee's truthful first or last name.
(b) Alternative identification.--An employer may implement
an alternative method to publicly identify employees that may
include a symbol, employee identification number or alias.
(c) Discrimination.--An alternative identification under
subsection (b) may not be discriminatory based on race, color,
familial status, religious creed, ancestry, age, sex, national
origin, handicap or disability, sexual orientation or gender
identity. A discriminatory form of alternative identification
shall be a violation of this act.
(d) Complaints.--An employee may file a complaint with the
department against an employer for violation of this section.
Section 4. Investigation and penalties.
(a) Investigations.--The department shall investigate a
complaint of an alleged violation of this act by an employer. If
the department finds that a violation of this act has occurred,
the secretary may impose the following civil penalties:
(1) For a first violation, the secretary shall issue a
written warning to the employer stating that corrective
action needs to be taken.
(2) For a second violation, the secretary may impose a
civil penalty of up to $2,500.
(3) For a third or subsequent violation, the secretary
may impose a civil penalty of up to $5,000.
(b) Remedy.--A penalty imposed under subsection (a)(1), (2)
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or (3) shall include a requirement that the employer remedy the
violation within 30 days of receipt of notice of the violation
from the department. An employer that fails to remedy a
violation after receipt of notice from the department shall be
subject to an additional penalty of up to $2,500 for every 30-
day period that passes thereafter without compliance.
(c) Assessment and recovery of penalties.--Penalties under
this section may be assessed by the department and recovered in
a civil action brought by the department in Commonwealth Court
or an administrative adjudicative proceeding.
Section 5. Discrimination against employees.
An employer or any other person may not discriminate against
an employee because the employee:
(1) has filed a complaint or instituted a proceeding
under or related to this act;
(2) has testified or is about to testify in a proceeding
under or related to this act; or
(3) has exercised on the employee's own behalf, or on
behalf of others, a right afforded under this act.
Section 6. Effective date.
This act shall take effect in 60 days.
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