PRINTER'S NO. 565

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

547

Session of

2021

INTRODUCED BY SANTARSIERO, COLLETT, KEARNEY, STREET, FONTANA,

MUTH, TARTAGLIONE, SCHWANK, CAPPELLETTI, COSTA, KANE AND

COMITTA, APRIL 9, 2021

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

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

differentials, physical surroundings and hazards encountered by

employes performing a job.

* * *

Section 2. Sections 3 and 5 of the act are 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

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] if the employer demonstrates:

(1) The wage differential is based upon one or more of the

following factors:

(i) A bona fide seniority system.

(ii) A bona fide merit system.

(iii) A bona fide system which measures earnings by quantity

or quality of production or sales.

(4) The one or more factors relied upon account for the

entire wage differential.

(5) 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):

(ii) Is job-related with respect to the position in

question.

(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.

(1) Require as a condition of employment that an employe

refrain from inquiring about, discussing or disclosing

information about the amount of the employe's wages or any other

employe's wages, including by requiring an employe to sign a

waiver or other document that purports to deny the employe the

right to inquire about, discuss, share or disclose the amount of

the employe's or another employe's wages.

(2) Rely on the wage history of a prospective employe from

any current or former employer of the individual in determining

the wages for the individual, except that an employer may rely

employment or as a condition of employment, that a prospective

employe disclose wages from a current or former employer.

(4) Seek from a current or former employer the previous

wages of a prospective employe, except that an employer may seek

to confirm prior wage information after an offer of employment

with compensation has been made to the prospective employe and

the prospective employe responds to the offer by providing prior

wage information to support a wage higher than offered by the

employer. Under these circumstances, the employer may only seek

to confirm prior wages after obtaining written authorization by

(i) opposed any act or practice made unlawful by this act;

(ii) made a report, verbally or in writing, alleging a

violation of this act;

(iii) made or is about to make a complaint or instituted or

caused to be instituted or is about to institute or cause to be

instituted any proceeding under or related to this act,

including an investigation conducted by the employer; or

(iv) testified, assisted or participated or is about to

testify, assist or participate in any manner in an investigation

or proceeding related to any act or practice made unlawful under

retaliation for the exercise of those rights.

Section 5. Collection of Unpaid Wages.--(a) An employer who

[wilfully and knowingly] violates the provisions of section 3 of

this act shall be liable to the employe or employes affected in

the amount of [their unpaid wages and in addition, an equal

amount as liquidated damages.] the sum of the following:

(1) The difference between the amount of wages paid and the

maximum wage paid any other employe for equal work.

(2) Compensatory damages.

(3) Reasonable attorney fees and costs.

(a.1) Action to recover such wages [and], damages and legal

or equitable relief may be maintained in any court of competent

jurisdiction by any one or more employes for and in behalf of

himself or themselves and other employes similarly situated.

(a.2) Any agreement between the employer and an employe to

work for less than the wage to which such employe is entitled

under this act shall be no defense to such action. [The court in

such action shall, in addition to any wages and damages, allow a

reasonable attorney's fee and costs of the action to the

plaintiff.] An employe's previous wage or salary history shall

secretary may take an assignment of such wage and damages claim

for collection and shall bring any legal action necessary to

collect such claim. The secretary shall not be required to pay

the filing fee or other costs in connection with such action.

The secretary shall have power to join various claimants against

the employer in one cause of action.

(a.4) 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

within three years from the date of the violation. For the

purposes of this section, a violation occurs if:

(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.