Pennsylvania HB 630: An Act amending the act of December 17, 1959 (P.L.1913, No.694), known as the Equal Pay Law, further providing for definitions and for wage rates; providing for additional violations; further providing for powers of secretary, for collection of unpaid wages, for records and reporting and for penalties; and establishing the Equal Pay Enforcement Fund.

Bill Text

PRINTER'S NO. 767
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 630
Session of
2025
INTRODUCED BY SHUSTERMAN, O'MARA, GREEN, HILL-EVANS, VENKAT,
HOHENSTEIN, SCHLOSSBERG, KINKEAD, PIELLI, HADDOCK, FREEMAN,
PROBST, SANCHEZ, MALAGARI, HOWARD, CIRESI, STEELE, DEASY,
FIEDLER, CERRATO, CEPEDA-FREYTIZ, MAYES, BOYD, YOUNG,
BOROWSKI, WAXMAN, MADDEN, ISAACSON, KENYATTA, SAPPEY, POWELL
AND HANBIDGE, MARCH 3, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 3, 2025
AN ACT
Amending the act of December 17, 1959 (P.L.1913, No.694),
entitled "An act prohibiting discrimination in rate of pay
because of sex; conferring powers and imposing duties on the
Department of Labor and Industry; and prescribing penalties,"
further providing for definitions and for wage rates;
providing for additional violations; further providing for
powers of secretary, for collection of unpaid wages, for
records and reporting and for penalties; and establishing the
Equal Pay Enforcement Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(a) of the act of December 17, 1959
(P.L.1913, No.694), known as the Equal Pay Law, is amended and
the section is amended by adding definitions to read:
Section 2. Definitions.--(a) The term "employe," as used in
this act, shall mean any person employed for hire in any lawful
business, industry, trade or profession, or in any other lawful
enterprise in which individuals are gainfully employed;
including individuals employed by the Commonwealth or any of its
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

political subdivisions, including public bodies[: Provided,
however, That the term "employe" as used in this act shall not
apply to any person or persons who is or are subject to section
6 of the Federal Fair Labor Standards Act (Act of June 25, 1938,
as amended)].
* * *
(e.1) "Comparable work" means labor that is substantially
similar, including substantially similar skill levels, effort
and responsibility. The term includes work that is performed
under similar working conditions.
(e.2) "Working conditions" means the physical surroundings
and hazards encountered by employes performing a job, including
toxic chemicals or fumes, extreme temperatures and lack
of ventilation.
(e.3) "Wages" means the earnings of an employe, regardless
of whether determined on time, task, piece, commission or other
method of calculation, including salaries based on an annual or
other basis. The term "wages" also includes fringe benefits,
wage supplements or other compensation, whether payable by the
employer from funds of the employer or from amounts withheld
from the employe's pay by the employer.
* * *
Section 2. Section 3 of the act is amended to read:
Section 3. Wage Rates.--(a) No employer having employes
subject to any provisions of this section shall discriminate[,
within any establishment in which such employes are employed,
between employes] on the basis of sex, race or ethnicity by
paying different wages to employes [in such establishment at a
rate less than the rate at which he pays wages to employes of
the opposite sex in such establishment for equal work on jobs,
20250HB0630PN0767 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

the performance of which, requires equal skill, effort, and
responsibility, and which are] for comparable work performed
under similar working conditions, except where such payment is
made pursuant to [(1) a seniority system; (2) a merit system;
(3) a system which measures earnings by quantity or quality of
production; or (4) a differential based on any other factor
other than sex: Provided, That any employer who is paying a wage
rate differential in violation of this subsection shall not in
order to comply with the provisions of this subsection, reduce
the wage rate of any employe.]:
(1) a bona fide seniority system that shall not reduce
seniority for time spent on leave due to a pregnancy-related
condition or protected parental, family or medical leave ;
(2) a bona fide merit system , which must be communicated in
writing to all employes subject to the merit system, include
predetermined, objective evaluation criteria and include regular
evaluation intervals;
(3) a bona fide system which measures earnings by quantity
or quality of production; or
(4) a bona fide factor other than sex, race or ethnicity,
such as education, training or experience, to the extent that
the factor is reasonably related to the job and consistent with
business necessity.
(a.1) An employer who is paying a wage rate differential in
violation of this section shall not, in order to comply with the
provisions of this section, reduce the wage rate of an employe.
(a.2) A job title or job description alone shall not
determine if two jobs are comparable.
(b) No labor organization, or its agents, representing
employes of an employer having employes subject to any
20250HB0630PN0767 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16