PRINTER'S NO. 932
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
945
Session of
2023
INTRODUCED BY KINKEAD, KIM, MADDEN, DELLOSO, RABB, HILL-EVANS,
McNEILL, SCHLOSSBERG, PARKER, SANCHEZ, KINSEY, D. WILLIAMS,
BURGOS, TAKAC, KENYATTA, CONKLIN, KHAN, DEASY, GREEN, WARREN,
SCHWEYER, INNAMORATO, FIEDLER, MALAGARI, NEILSON, MAYES,
ISAACSON, HOWARD AND SIEGEL, APRIL 17, 2023
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 17, 2023
AN ACT
Amending the act of January 17, 1968 (P.L.11, No.5), entitled
"An act establishing a fixed minimum wage and overtime rates
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," further providing for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 12 of the act of January 17, 1968
(P.L.11, No.5), known as The Minimum Wage Act of 1968, is
amended to read:
Section 12. Penalties.--(a) Any employer and his or her
agent, or the officer or agent of any corporation, who
discharges or in any other manner discriminates against any
employe because such employe has testified or is about to
testify before the secretary or his or her representative in any
investigation or proceeding under or related to this act, or
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because such employer believes that said employe may so testify
shall, upon conviction thereof in a summary proceeding, be
sentenced to pay a fine of not less than [five hundred dollars
($500) nor more than one thousand dollars ($1,000)] one thousand
five hundred dollars ($1,500) nor more than three thousand
dollars ($3,000), and in default of the payment of such fine and
costs, shall be sentenced to imprisonment for not less than ten
days nor more than ninety days.
(b) Any employer or the officer or agent of any corporation
who pays or agrees to pay any employe less than the rates
applicable to such employe under this act shall, upon conviction
thereof [in a summary proceeding, be sentenced to pay a fine of
not less than seventy-five dollars ($75) nor more than three
hundred dollars ($300) or to undergo imprisonment of not less
than ten nor more than sixty days, or both.], be sentenced to
the following:
(1) A summary offense for a first offense if the total
wages due were less than one hundred fifty dollars ($150).
(2) A misdemeanor of the second degree for a second
offense and if the total wages due were less than one hundred
fifty dollars ($150).
(3) A misdemeanor of the first degree for a first or
second offense if the total wages due were more than one
hundred fifty dollars ($150).
(4) A felony of the third degree for a third or
subsequent offense regardless of the total amount of wages
due.
(b.1) Each week in which such employe is paid less than the
rate applicable to him or her under this act and for each
employe who is paid less than the prescribed rate, a separate
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offense shall be deemed to occur. Any agreement between the
employer and the employe to work for less than the applicable
wage rate shall be no defense to action by the Commonwealth
under this section.
(c) Any employer or the officer or agent of any corporation
who violates any other provision of this act or of any
regulation issued thereunder shall, upon conviction thereof in a
summary proceeding, be sentenced to pay a fine of not less than
[one hundred dollars ($100) nor more than five hundred dollars
($500)] three hundred dollars ($300) nor more than one thousand
five hundred dollars ($1,500), and each day of such failure to
comply with this act or regulation, shall constitute a separate
offense.
Section 2. This act shall take effect in 60 days.
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