Pennsylvania SB 1093: An Act providing for the capital budget for the fiscal year 2020-2021.

Bill Text

PRINTER'S NO. 1315
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1093
Session of
2025
INTRODUCED BY LAUGHLIN, PENNYCUICK AND VOGEL, NOVEMBER 17, 2025
REFERRED TO LABOR AND INDUSTRY, NOVEMBER 17, 2025
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 minimum wages, for
exemptions and for duty of employer.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4(b) and (c) of the act of January 17,
1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968, are
amended, subsection (a) is amended by adding paragraphs and the
section is amended by adding a subsection to read:
Section 4. Minimum Wages.--Except as may otherwise be
provided under this act:
(a) Every employer shall pay to each of his or her employes
wages for all hours worked at a rate of not less than:
* * *
(9) Nine dollars ($9.00) an hour beginning January 1, 2026.
(10) Ten dollars ($10.00) an hour beginning January 1, 2027.
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(11) Eleven dollars ($11.00) an hour beginning January 1,
2028.
* * *
(b) The [secretary, to the extent necessary to prevent
curtailment of employment opportunities, shall by regulations
provide for the employment of] minimum wage rate for learners
and students, [under special certificates at wages lower than
the minimum wage applicable under this section, and subject to
such limitations as to number, proportion and length of service
as the secretary shall prescribe: Provided, That the minimum
wage prescribed under this subsection (b)] as those terms are
defined in 34 Pa. Code § 231.1 (relating to definitions), shall
[not] be [less than] eighty-five percent of the otherwise
applicable wage rate in effect under section 4[. A special
certificate issued under this subsection shall provide that for
six or less students for whom it is issued shall]: Provided,
That for students, this subsection shall only apply to students
who are less than twenty years old and who, except during
vacation periods, [be] are employed on a part-time basis and not
in excess of twenty hours in any workweek at a sub-minimum rate.
[In the case of an employer who intends to employ seven or
more students, at a sub-minimum rate, the secretary may issue a
special certificate only if the employer certifies to the
secretary that employment of such students will not create a
substantial probability of reducing the full-time employment
opportunities for other workers.]
(c) Employes shall be paid for overtime not less than one
and one-half times the employe's regular rate [as prescribed in
regulations promulgated by the secretary] or basic rate in a
manner consistent with 29 CFR Pts. 548 (relating to
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authorization of established basic rates for computing overtime
pay) and 778 (relating to overtime compensation) as of June 1,
2025: Provided, That students employed in seasonal occupations
as defined and delimited by regulations promulgated by the
secretary may, by such regulations, be excluded from the
overtime provisions of this act: And provided further, That the
secretary shall promulgate regulations with respect to overtime
subject to the limitations that no pay for overtime in addition
to the regular rate shall be required except for hours in excess
of forty hours in a workweek. An employer shall not be in
violation of this subsection if the employer is entitled to
utilize, and acts consistently with, section 7(j) of the Fair
Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 207(j))
and regulations promulgated under that provision.
* * *
(f) An employer's obligation to compensate an employe, at
minimum wage or overtime rates, for hours worked shall be
interpreted in pari materia with the Fair Labor Standards Act
(29 U.S.C. Ch.8) and section 4 of the Portal-to-Portal Act of
1947 (29 U.S.C. § 254), as amended, and Federal regulations
promulgated thereunder, including under 29 CFR Pt. 785 (relating
to hours worked), as of June 1, 2025.
Section 2. Section 5(a)(5) and (12) and (c) of the act are
amended and subsection (a) is amended by adding a paragraph to
read:
Section 5. Exemptions.--(a) Employment in the following
classifications shall be exempt from both the minimum wage and
overtime provisions of this act:
* * *
(5) In a bona fide executive, administrative, or
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professional capacity (including any employe employed in the
capacity of