Pennsylvania HB 1023: An Act amending the act of September 30, 1983 (P.L.160, No.39), known as the Public Official Compensation Law, further providing for the compensation of members of the General Assembly.

Bill Text

PRINTER'S NO. 1103
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1023
Session of
2025
INTRODUCED BY NEILSON, HILL-EVANS, PIELLI, SANCHEZ, McNEILL,
GIRAL, GUENST, KHAN, HOHENSTEIN, McANDREW, PARKER, WARREN,
DELLOSO, BELLMON, CERRATO, GREEN AND MALAGARI, MARCH 24, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 24, 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," providing for employment in executive capacity,
for employment in administrative capacity and for employment
in professional capacity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of January 17, 1968 (P.L.11, No.5), known
as The Minimum Wage Act of 1968, is amended by adding sections
to read:
Section 3.1. Employment in Executive Capacity. -- (a) For
purposes of this act, "employment in a bona fide executive
capacity" means work by an individual:
(1) Whose primary duty is the management of the enterprise
in which the individuals are employed or of a customarily
recognized department or subdivision.
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The term "management" includes activities such as interviewing,
selecting and training of employees; setting and adjusting
employees' rates of pay and hours of work of employees;
directing the work of employees; maintaining production or sales
records for use in supervision or control; appraising employees'
productivity and efficiency for the purpose of recommending
promotions or other changes in status; handling employee
complaints and grievances; disciplining employees; planning the
work of employees; determining the techniques to be used to
perform work; apportioning the work among employees; determining
the type of materials, supplies, machinery, equipment or tools
to be used or merchandise to be bought, stocked and sold;
controlling the flow and distribution of materials or
merchandise and supplies; providing for the safety and security
of employees or the property; planning and controlling the
budget; and monitoring or implementing legal compliance
measures.
(2) Who customarily and regularly directs the work of two or
more other employees.
(3) Who has the authority to hire or fire other employees or
whose suggestions and recommendations as to the hiring, firing,
advancement, promotion or any other change of status of other
employees are given particular weight.
(4) Who is compensated for services on a salary basis at a
rate of not less than:
(i) Eight hundred forty-four dollars ($844) per week
exclusive of board, lodging or other facilities, effective
October 3, 2027.
(ii) Nine hundred eighty-six dollars ($986) per week
exclusive of board, lodging or other facilities, effective
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October 3, 2028.
(iii) One thousand one hundred twenty-eight dollars ($1,128)
per week exclusive of board, lodging or other facilities,
effective October 3, 2029.
(iv) Effective October 3, 2030, and each third year
thereafter, the weighted average 10th percentile wages for
Pennsylvania workers who work in exempt executive,
administrative or professional classifications as determined by
the department with advice and consultation by the board and
based on an annual wage survey of all worker classifications
conducted by the department. The following procedure shall apply
under this paragraph:
(A) At least 90 days prior to the effective date of each
three-year period in this subparagraph, the department shall
submit to the board the adjusted weekly salary rate under this
subparagraph and the information supporting the adjusted salary
rate.
(B) Upon review of the information submitted by the
department and at a meeting to be held no later than 60 days
before the effective date of the adjusted weekly salary rate,
the board may provide advice and consultation to the secretary
regarding the adjusted weekly salary rate.
(C) At least 30 days prior to the effective date of each
three-year period in this subparagraph, the department shall
publish the adjusted weekly salary rate on the department's
publicly accessible Internet website and shall transmit notice
of the annual wage survey report to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin.
(b) Up to 10% of the salary amount required under subsection
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(a)(4) may be satisfied by the payment of nondiscretionary
bonuses, incentives and commissions annually or more