Pennsylvania SB 548: An Act providing for fair workweek employment standards and for powers and duties of the Department of Labor and Industry; and imposing penalties.

Bill Text

PRINTER'S NO. 565
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 548
Session of
2025
INTRODUCED BY SAVAL, KEARNEY, FONTANA, HAYWOOD, HUGHES, KIM,
TARTAGLIONE, COSTA AND COMITTA, APRIL 4, 2025
REFERRED TO LABOR AND INDUSTRY, APRIL 4, 2025
AN ACT
Providing for fair workweek employment standards and for powers
and duties of the Department of Labor and Industry; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Fair Workweek
Employment Standards Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Caterer." A person primarily engaged in providing single
event-based food services.
"Chain." A set of establishments that do business under the
same trade name or service mark and that are characterized by
standardized options for decor, marketing, packaging, products
and services, regardless of the type of ownership of each
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individual establishment.
"Covered employer." A retail establishment, hospitality
establishment or food services establishment that, worldwide,
employs 250 or more employees and has 20 or more locations
regardless of where the employees perform work, including chain
establishments or franchises associated with a franchisor or
network of franchises that employ more than 250 employees in
aggregate. The term includes an individual, partnership,
association, corporation or business trust or any person or
group of persons, or a successor of such, that employs another
person in a retail establishment, hospitality establishment or
food services establishment, including a person acting directly
or indirectly in the interest of the employer in relation to the
employee.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee." An individual employed or permitted to work at
or for a covered employer within the geographic boundaries of
this Commonwealth who is required under Federal or State law to
be paid at an overtime rate for hours in excess of a maximum
number per workweek, including full-time employees, part-time
employees and seasonal and temporary workers and whose job
duties involve the provision of retail trade services, food
services or hospitality services at or for a covered employer.
"Food service contractor." An establishment primarily
engaged in providing food services at institutional,
governmental, commercial or industrial locations of others based
on an contractual arrangement for a specified period of time.
"Food services establishment." As follows:
(1) An establishment that prepares meals, snacks and
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beverages to a customer's order for immediate on-premises and
off-premises consumption.
(2) The term includes:
(i) Food service contractors.
(ii) Caterers.
(iii) Mobile food services.
(iv) Restaurants.
(3) The term includes hospitality establishments,
amusement parks, theaters, casinos, country clubs and civic
and social organizations if the food services are provided by
a separate establishment primarily engaged in providing food
and beverage services.
(4) The term does not include dinner cruises.
"Hospitality establishment." An establishment primarily
engaged in providing short-term lodging in facilities known as
hotels, motor hotels, resort hotels and motels which may offer
food and beverage services, recreational services, conference
rooms, convention services, laundry services, parking and other
services for customers.
"Mobile food services." An establishment primarily engaged
in preparing and serving meals and snacks for immediate
consumption from motorized vehicles or nonmotorized carts.
"On-call shift." Any time that a covered employer requires
an employee to be available to work, or to contact the covered
employer or the covered employer's designee or wait to be
contacted by the covered employer or designee, to determine
whether the employee must report to work at that time.
"Posted work schedule." The written work schedule that a
covered employer is required to provide to employees under
section 3(c) and post under section 3(d).
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"Retail establishment." The fixed point-of-sale location of
a retail business, including:
(1) New and used car dealerships.
(2) Furniture and home furnishing stores.
(3) Building material and garden equipment and supplies
dealers.
(4) Food and beverage stores, including grocery stores,
convenience stores, specialty food stores, meat markets, fish
and seafood markets, fruit and vegetable markets, baked goods
stores, confectionery and nut stores and beer, wine and
liquor stores.
(5) Health and personal care stores, inc