Bill Text: PA HB2045 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for liquidated damages and for criminal penalties.

Spectrum: Moderate Partisan Bill (Democrat 18-2)

Status: (Introduced - Dead) 2009-10-14 - Referred to LABOR RELATIONS [HB2045 Detail]

Download: Pennsylvania-2009-HB2045-Introduced.html

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PRINTER'S NO. 2813
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2045 Session of2009
INTRODUCED BY COHEN, BELFANTI, BUXTON, BISHOP, BRENNAN, DeLUCA, DONATUCCI, FRANKEL, GOODMAN, JOSEPHS, KORTZ, MANDERINO, McGEEHAN, MURPHY, MUSTIO, M. O'BRIEN, SIPTROTH, SWANGER, THOMAS AND WATERS, OCTOBER 14, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, OCTOBER 14, 2009
AN ACT
Amending the act of July 14, 1961 (P.L.637, No.329), entitled
"An act relating to the payment of wages or compensation for
labor or services; providing for regular pay days; conferring
powers and duties upon the Department of Labor and Industry,
including powers and duties with respect to the civil
collection of wages; providing civil and criminal penalties
for violations of the act; providing for their collection and
disposition and providing for additional civil damages,"
further providing for liquidated damages and for criminal
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 10 and 11.1(b) of the act of July 14,
1961 (P.L.637, No.329), known as the Wage Payment and Collection
Law, amended or added July 14, 1977 (P.L.82, No.30), are amended
to read:
Section 10. Liquidated Damages.--Where wages remain unpaid
for thirty days beyond the regularly scheduled payday, or, in
the case where no regularly scheduled payday is applicable, for
sixty days beyond the filing by the employe of a proper claim or
for sixty days beyond the date of the agreement, award or other
act making wages payable, or where shortages in the wage
payments made exceed five percent (5%) of the gross wages
payable on any two regularly scheduled paydays in the same
calendar quarter, and no good faith contest or dispute of any
wage claim including the good faith assertion of a right of set-
off or counter-claim exists accounting for such non-payment, the
employe shall be entitled to claim, in addition, as liquidated
damages an amount equal to [twenty-five percent (25%)] three
hundred percent (300%) of the total amount of wages due, or five
hundred dollars ($500), whichever is greater.
Section 11.1. Criminal Penalties.--* * *
(b) In addition to any other penalty or punishment otherwise
prescribed by law, any employer who violates any provisions of
this act shall be guilty of a [summary offense] misdemeanor and,
upon conviction thereof, shall be punished by a fine of not more
than [three hundred dollars ($300)] two thousand, five hundred
dollars ($2,500), or by imprisonment up to 90 days, or by both,
for each offense. The good faith contest or dispute by any
employer of any wage claim or the good faith assertion of a
right of set-off or counter-claim shall not be considered a
violation of this act: Provided, That the employer has paid all
wages due in excess of the amount in dispute or asserted to be
subject to a right of set-off or counter-claim. Nonpayment of
wages to, on account of, or for the benefit of each individual
employe shall constitute a separate offense.
* * *
Section 2. This act shall take effect in 60 days.
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