Pennsylvania SB 341: An Act amending the act of July 14, 1961 (P.L.637, No.329), known as the Wage Payment and Collection Law, further providing for definitions; providing for duty of department to report; further providing for civil remedies and penalties, for liquidated damages and for criminal penalties; providing for employer liability; and establishing the Wage Enforcement Fund.

Bill Text

PRINTER'S NO. 278
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 341
Session of
2025
INTRODUCED BY TARTAGLIONE, KANE, FONTANA, HUGHES, STREET,
SCHWANK, HAYWOOD AND COSTA, FEBRUARY 26, 2025
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 26, 2025
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 definitions; providing for duty of
department to report; further providing for civil remedies
and penalties, for liquidated damages and for criminal
penalties; providing for employer liability; and establishing
the Wage Enforcement Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "employer" in section 2.1 of
the act of July 14, 1961 (P.L.637, No.329), known as the Wage
Payment and Collection Law, is amended and the section is
amended by adding a definition to read:
Section 2.1. Definitions.--The following words and phrases
when used in this act shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
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"Employer." Includes: [every person, firm, partnership,
association, corporation, receiver or other officer of a court
of this Commonwealth and any agent or officer of any of the
above-mentioned classes employing any person in this
Commonwealth.]
(1) The Commonwealth.
(2) A political subdivision of the Commonwealth.
(3) An authority created by the General Assembly.
(4) An instrumentality or agency of the Commonwealth.
(5) Every person, firm, partnership, association,
corporation, receiver or other officer of a court of this
Commonwealth.
(6) An agent or officer of any of the persons or entities
described in paragraphs (1), (2), (3), (4) and (5) employing any
person in this Commonwealth.
* * *
"High violation industry." An industry that incurs at least
25 violations over a two-year period.
* * *
Section 2. The act is amended by adding a section to read:
Section 8.1. Duty of Department to Report.--(a) The
department shall collect on a quarterly basis the following data
categorized by industry:
(1) number of violations;
(2) amount of fines collected;
(3) nature of violations;
(4) number of individual complaints filed;
(5) number of complaints resolved;
(6) amount of unpaid wages owed;
(7) amount of unpaid wages recovered;
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(8) number of pending individual complaints;
(9) number of workplaces investigated from complaints;
(10) number of workplaces investigated proactively;
(11) number of workplaces reinvestigated following
violations; and
(12) number of subsequent violations.
(b) On a semiannual basis, the department shall prepare and
submit a report of the data collected under subsection (a) to
the chairperson of the Labor and Industry Committee of the
Senate and the chairperson of the Labor and Industry Committee
of the House of Representatives, and shall post the report on
the department's publicly accessible Internet website.
(c) The secretary shall investigate high-violation
industries no less than quarterly, train investigators to
recognize basic labor, health and safety violations and engage
in cross-agency referrals to protect workers' rights.
Section 3. Section 9.1(c) of the act is amended and the
section is amended by adding subsections to read:
Section 9.1. Civil Remedies and Penalties.--* * *
(c) The employe or group of employes, labor organization or
party to whom any type of wages is payable may, in the
alternative, inform the secretary of the wage claim against an
employer or former employer, and the secretary shall, unless the
claim appears to be frivolous, immediately notify the employer
or former employer of such claim by certified mail. If the
employer or former employer fails to pay the claim or make
satisfactory explanation to the secretary of his failure to do
so within ten days after receipt of such certified notification,
thereafter, the employer or former employer shall be liable for
a penalty of [ten percent (10%) of that portion of the claim
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found to be justly due.] two thousand dollars ($2,000) per
violation of this act or the regulations of this act or equal to
triple the unpaid wages in damages to the employe, whichever is
greater, and attorney fees. Each week in which an employe is
paid less than the applicable wage under this act and each
employe who is paid