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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON LABOR RELATIONS, OCTOBER 14, 2009 |
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| AN ACT |
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1 | Amending the act of July 14, 1961 (P.L.637, No.329), entitled |
2 | "An act relating to the payment of wages or compensation for |
3 | labor or services; providing for regular pay days; conferring |
4 | powers and duties upon the Department of Labor and Industry, |
5 | including powers and duties with respect to the civil |
6 | collection of wages; providing civil and criminal penalties |
7 | for violations of the act; providing for their collection and |
8 | disposition and providing for additional civil damages," |
9 | further providing for liquidated damages and for criminal |
10 | penalties. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Sections 10 and 11.1(b) of the act of July 14, |
14 | 1961 (P.L.637, No.329), known as the Wage Payment and Collection |
15 | Law, amended or added July 14, 1977 (P.L.82, No.30), are amended |
16 | to read: |
17 | Section 10. Liquidated Damages.--Where wages remain unpaid |
18 | for thirty days beyond the regularly scheduled payday, or, in |
19 | the case where no regularly scheduled payday is applicable, for |
20 | sixty days beyond the filing by the employe of a proper claim or |
21 | for sixty days beyond the date of the agreement, award or other |
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1 | act making wages payable, or where shortages in the wage |
2 | payments made exceed five percent (5%) of the gross wages |
3 | payable on any two regularly scheduled paydays in the same |
4 | calendar quarter, and no good faith contest or dispute of any |
5 | wage claim including the good faith assertion of a right of set- |
6 | off or counter-claim exists accounting for such non-payment, the |
7 | employe shall be entitled to claim, in addition, as liquidated |
8 | damages an amount equal to [twenty-five percent (25%)] three |
9 | hundred percent (300%) of the total amount of wages due, or five |
10 | hundred dollars ($500), whichever is greater. |
11 | Section 11.1. Criminal Penalties.--* * * |
12 | (b) In addition to any other penalty or punishment otherwise |
13 | prescribed by law, any employer who violates any provisions of |
14 | this act shall be guilty of a [summary offense] misdemeanor and, |
15 | upon conviction thereof, shall be punished by a fine of not more |
16 | than [three hundred dollars ($300)] two thousand, five hundred |
17 | dollars ($2,500), or by imprisonment up to 90 days, or by both, |
18 | for each offense. The good faith contest or dispute by any |
19 | employer of any wage claim or the good faith assertion of a |
20 | right of set-off or counter-claim shall not be considered a |
21 | violation of this act: Provided, That the employer has paid all |
22 | wages due in excess of the amount in dispute or asserted to be |
23 | subject to a right of set-off or counter-claim. Nonpayment of |
24 | wages to, on account of, or for the benefit of each individual |
25 | employe shall constitute a separate offense. |
26 | * * * |
27 | Section 2. This act shall take effect in 60 days. |
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