PRINTER'S NO. 3013

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2536

Session of

2022

INTRODUCED BY ZABEL, D. WILLIAMS, KINSEY, McNEILL, HILL-EVANS,

HANBIDGE, SANCHEZ, SCHLOSSBERG, ISAACSON, FREEMAN, DELLOSO,

A. DAVIS, MALAGARI, WEBSTER, HOHENSTEIN, SAMUELSON, CIRESI,

for employes, with certain exceptions; providing for minimum

rates for learners and apprentices; creating a Minimum Wage

Advisory Board and defining its powers and duties; conferring

powers and imposing duties upon the Department of Labor and

Industry; imposing duties on employers; and providing

penalties," providing for executives, administrators and

professionals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of January 17, 1968 (P.L.11, No.5), known

in which he is employed or of a customarily recognized

department or subdivision.

(ii) Who customarily and regularly directs the work of two

or more other employes.

(iii) Who has the authority to hire or fire other employes

or whose suggestions and recommendations as to the hiring,

firing, advancement, promotion or any other change of status of

other employes are given particular weight.

(iv) Who is compensated for services on a salary basis at a

rate:

(C) Of not less than eight hundred seventy-five dollars

($875) per week exclusive of board, lodging or other facilities,

effective October 3, 2022.

(D) Effective October 3, 2023, and each third year

thereafter, equal to the weighted average tenth percentile wages

for Commonwealth workers who work in exempt executive,

administrative or professional classifications per week as

determined by the department with advice and consultation by the

board and based on an annual wage survey of all worker

classifications conducted by the department.

(3) Upon review of the information submitted by the

department and at a meeting to be held no later than sixty days

before the effective date of the adjusted weekly salary rate for

each three-year period, the board may provide advice and

consultation to the secretary regarding the adjusted weekly

salary rate.

(4) At least thirty days prior to the effective date of the

adjusted weekly salary rate for each three-year period, the

nondiscretionary bonuses, incentives and commissions that are

paid annually or more frequently. The employer may use any

fifty-two-week period as the year. If the employer does not

identify some other year period in advance, the calendar year

will apply. If by the last pay period of the year the sum of the

employe's weekly salary plus nondiscretionary bonus, incentive

and commission payments received does not equal fifty-two times

the weekly salary amount required under this section, the

employer may make one final payment sufficient to achieve the

required level no later than the next pay period after the end

nonmanual work directly related to management or general

business operations of the employer or the customers of the

employer.

(ii) Whose primary duty includes the exercise of discretion

and independent judgment with respect to matters of

significance.

(iii) Who is compensated for services on a salary basis at a

rate:

(C) Of not less than eight hundred seventy-five dollars

($875) per week exclusive of board, lodging or other facilities,

effective October 3, 2022.

(D) Effective October 3, 2023, and each third year

thereafter, equal to the weighted average tenth percentile wages

for Commonwealth workers who work in exempt executive,

administrative or professional classifications as determined by

the department with advice and consultation by the board and

based on an annual wage survey of all worker classifications

conducted by the department.

department and a meeting to be held no later than sixty days

before the effective date of the adjusted weekly salary rate

determined under paragraph (1)(iii)(D), the board may provide

advice and consultation to the secretary regarding the adjusted

weekly salary rate.

(4) At least thirty days prior to the effective date of the

adjusted weekly salary rate for each three-year period, the

department shall transmit notice of the adjusted weekly salary

paid yearly or more frequently. The employer may use any fifty-

two-week period as the year. If the employer does not identify

some other year period in advance, the calendar year shall

apply. If by the last pay period of the year the sum of the

employe's weekly salary plus nondiscretionary bonus, incentive

and commission payments received does not equal fifty-two times

the weekly salary amount required by this section, the employer

may make one final payment sufficient to achieve the required

level no later than the next pay period after the end of the

year. A final payment made after the end of the year may count

(A) knowledge of an advanced type in a field of science or

learning customarily acquired by a prolonged course of

specialized instruction and study; and

(B) invention, imagination, originality or talent in a

recognized field of artistic or creative endeavor.

(ii) Who is compensated for services on a salary or fee

basis at a rate:

(A) Of not less than six hundred eighty-four dollars ($684)

($875) per week exclusive of board, lodging or other facilities,

effective October 3, 2022.

(D) Effective October 3, 2023, and each third year

thereafter, equal to the weighted average tenth percentile wages

for Commonwealth workers who work in exempt executive,

administrative or professional classifications as determined by

the department with advice and consultation by the board and

based on an annual wage survey of all worker classifications

conducted by the department.

(2) At least ninety days prior to the effective date of the

before the effective date of the adjusted weekly salary rate

determined under paragraph (1)(ii)(D), the board may provide

advice and consultation to the secretary regarding the adjusted

weekly salary rate.

(4) At least thirty days prior to the effective date of the

adjusted weekly salary rate for each three-year period, the

department shall transmit notice of the adjusted weekly salary

rate to the Legislative Reference Bureau for publication in the

the year, such as a calendar year, fiscal year or anniversary of

hire year. If the employer does not identify some other year

period in advance, the calendar year will apply. If by the last

pay period of the year the sum of the employe's weekly salary

plus nondiscretionary bonus, incentive and commission payments

received does not equal fifty-two times the weekly salary amount

required by this section, the employer may make one final

payment sufficient to achieve the required level no later than

the next pay period after the end of the year. A final payment

made after the end of the year may count only toward the prior

(1) Finance.

(2) Accounting.

(3) Budgeting.

(4) Auditing.

(5) Insurance.

(6) Quality control.

(7) Purchasing.

(8) Procurement.

(15) Employe benefits.

(16) Labor relations.

(17) Public relations and government relations.

(18) Computer network, Internet and database administration;

and

(19) Legal and regulatory compliance.

"Management" shall include, but not be limited to:

(1) activities such as interviewing, selecting and training

of employes;

(2) setting and adjusting employes' rates of pay and hours

(6) handling employe complaints and grievances;

(7) disciplining employes;

(8) planning the work;

(9) determining the techniques to be used to perform work;

(10) apportioning the work among the employes;

(11) determining the type of materials, supplies, machinery,

equipment or tools to be used or merchandise to be bought,

stocked and sold;

Section 2. This act shall take effect immediately.