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.

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
 1   Amending the act of December 17, 1959 (P.L.1913, No.694),
 2      entitled "An act prohibiting discrimination in rate of pay
 3      because of sex; conferring powers and imposing duties on the
 4      Department of Labor and Industry; and prescribing penalties,"
 5      further providing for definitions and for wage rates;
 6      providing for additional violations; further providing for
 7      powers of secretary, for collection of unpaid wages, for
 8      records and reporting and for penalties; and establishing the
 9      Equal Pay Enforcement Fund.
10      The General Assembly of the Commonwealth of Pennsylvania
11   hereby enacts as follows:
12      Section 1.    Section 2(a) of the act of December 17, 1959
13   (P.L.1913, No.694), known as the Equal Pay Law, is amended and
14   the section is amended by adding definitions to read:
15      Section 2.    Definitions.--(a)   The term "employe," as used in
16   this act, shall mean any person employed for hire in any lawful
17   business, industry, trade or profession, or in any other lawful
18   enterprise in which individuals are gainfully employed;
19   including individuals employed by the Commonwealth or any of its
 1   political subdivisions, including public bodies[: Provided,
 2   however, That the term "employe" as used in this act shall not
 3   apply to any person or persons who is or are subject to section
 4   6 of the Federal Fair Labor Standards Act (Act of June 25, 1938,
 5   as amended)].
 6      * * *
 7      (e.1)   "Comparable work" means labor that is substantially
 8   similar, including substantially similar skill levels, effort
 9   and responsibility. The term includes work that is performed
10   under similar working conditions.
11      (e.2)   "Working conditions" means the physical surroundings
12   and hazards encountered by employes performing a job, including
13   toxic chemicals or fumes, extreme temperatures and lack
14   of ventilation.
15      (e.3)   "Wages" means the earnings of an employe, regardless
16   of whether determined on time, task, piece, commission or other
17   method of calculation, including salaries based on an annual or
18   other basis. The term "wages" also includes fringe benefits,
19   wage supplements or other compensation, whether payable by the
20   employer from funds of the employer or from amounts withheld
21   from the employe's pay by the employer.
22      * * *
23      Section 2.     Section 3 of the act is amended to read:
24      Section 3.     Wage Rates.--(a)   No employer having employes
25   subject to any provisions of this section shall discriminate[,
26   within any establishment in which such employes are employed,
27   between employes] on the basis of sex, race or ethnicity by
28   paying different wages to employes [in such establishment at a
29   rate less than the rate at which he pays wages to employes of
30   the opposite sex in such establishment for equal work on jobs,

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

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 1   provisions of this section, shall cause or attempt to cause such
 2   an employer to discriminate against an employe in violation of
 3   subsection (a) of this section.
 4      (c)     For purposes of this section, the term "business
 5   necessity" means an overriding legitimate business purpose such
 6   that the factor relied upon effectively fulfills the business
 7   purpose that the factor is supposed to serve. A factor will not
 8   be considered consistent with business necessity if
 9   an employe demonstrates that an alternative business practice
10   exists that would serve the same business purpose without
11   producing the wage differential.
12      Section 3.     The act is amended by adding a section to read:
13      Section 3.1.     Additional Violations.--(a)   An employer
14   may not:
15      (1)     Require, as a condition of employment, that an
16   employe refrain from inquiring about, discussing or disclosing
17   information about the employe's own wages, including benefits or
18   other compensation, or about any other employe's wages.
19      (2)     Rely on the wage history of a prospective employe from
20   any current or former employer of the individual in determining
21   whether to offer employment or the amount of wages to offer to
22   the individual, except that an employer may rely on prior wage
23   history if it is provided voluntarily and without prompting by a
24   prospective employe to support a wage higher than the wage
25   offered by the employer.
26      (3)     Request or require as a condition of being interviewed,
27   or as a condition of continuing to be considered for an offer of
28   employment or as a condition of employment, that a
29   prospective employe disclose wages from a current or former
30   employer.

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 1      (4)   Seek from a current or former employer the previous
 2   wages of a prospective employe, except that an employer may seek
 3   to confirm prior wage information after an offer of employment
 4   with compensation has been made to the prospective employe and
 5   the prospective employe responds to the offer by providing prior
 6   wage information to support a wage higher than offered by the
 7   employer. Under these circumstances, the employer may only seek
 8   to confirm prior wages after obtaining written authorization by
 9   the prospective employe to do so.
10      (b)   An employer may not retaliate, including by discharging,
11   demoting, transferring, reducing pay or hours or reprimanding
12   an employe for any of the following:
13      (1)   Complaining about, opposing, instituting a
14   proceeding based on, or attempting or planning to complain about
15   or oppose or institute a proceeding based on, a violation of
16   this act.
17      (2)   Testifying or planning to testify against an employer in
18   an action under this act.
19      (3)   Assisting an investigation or otherwise participating in
20   an action under this act.
21      (4)   Disclosing, inquiring about or discussing
22   wages, benefits or other compensation of the employe or
23   another employe.
24      (c)   An employer may not contract with an employe to avoid
25   complying with this act.
26      (d)   An employer shall include the expected compensation or
27   the range of expected compensation:
28      (1)   for any position the employer publicly advertises as a
29   job opening; and
30      (2)   to a prospective employe applying for employment upon

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 1   reasonable request.
 2      Section 4.     Sections 4, 5, 6 and 8 of the act are amended
 3   to read:
 4      Section 4.     Powers of Secretary.--(a)   The secretary shall
 5   have the power, and it shall be [his] the duty of the secretary,
 6   to carry out and administer the provisions of this act.
 7      (b)     For this purpose, the secretary or [his] an authorized
 8   representative of the secretary shall have the power to enter
 9   the establishment of any employer to inspect and copy payrolls
10   and other employment records, to compare character of work and
11   operations on which persons employed by [him] the employer are
12   engaged, to question such persons and to obtain such other
13   information as is reasonably necessary to the administration and
14   enforcement of this act.
15      (c)     The secretary shall have the power to issue such rules
16   and regulations consistent with the purpose and provisions of
17   this act as [he] the secretary deems necessary to make effective
18   the provisions of this act.
19      (d)     The secretary shall have the power to subpoena
20   witnesses, administer oaths, examine witnesses and take
21   testimony or compel the production of documents for the purpose
22   of enforcing this act. The secretary may petition the
23   Commonwealth Court to enforce any order or subpoena issued under
24   this act.
25      (e)     The secretary shall have the power to impose
26   administrative fines under section 8.
27      Section 5.     [Collection of Unpaid Wages] Relief.--(a)   An
28   employer who [wilfully and knowingly] violates the provisions of
29   section 3 or 3.1 of this act shall be liable to the employe or
30   employes affected in the amount of [their] the employe's unpaid

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 1   wages and in addition, an equal amount as liquidated damages,
 2   punitive damages if the violation is found to be intentional or
 3   committed with reckless indifference to the employe's or
 4   prospective employe's rights under this act and any other legal
 5   and equitable relief as may be appropriate, including employment
 6   reinstatement and promotion. Action to recover such wages [and],
 7   damages and legal or equitable relief may be maintained in any
 8   court of competent jurisdiction by any one or more employes for
 9   and in behalf of [himself or themselves] the employe or employes
10   and other employes similarly situated. Any agreement between the
11   employer and an employe to work for less than the wage to which
12   such employe is entitled under this act shall be no defense to
13   such action. The court in such action shall, in addition to any
14   wages [and], damages and other relief, allow a reasonable
15   attorney's fee and costs of the action to the plaintiff. At the
16   request of any employe paid less than the wage to which [he] the
17   employe is entitled under this act, the Secretary of Labor and
18   Industry may take an assignment of such wage claim for
19   collection and shall bring any legal action necessary to collect
20   such claim. The secretary shall not be required to pay the
21   filing fee or other costs in connection with such action. The
22   secretary shall have power to join various claimants against the
23   employer in one cause of action.
24      (b)   [Any action pursuant to the provisions of this act must
25   be brought within two years from the date upon which the
26   violation complained of occurs.] An action under this act shall
27   be commenced within three years of the date the employe knew or
28   reasonably should have known of the alleged violation. A
29   violation shall be deemed to have occurred when any of the
30   following occurs:

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 1      (1)   A discriminatory compensation decision or other practice
 2   is adopted.
 3      (2)   An employe becomes subject to a discriminatory
 4   compensation decision or other practice.
 5      (3)   An employe is affected by an application of a
 6   discriminatory compensation decision or practice, including
 7   each time wages, benefits or other compensations are paid,
 8   resulting in whole or in part from a discriminatory decision or
 9   practice.
10      Section 6.   Records and Reporting.--Every employer subject to
11   this act shall make, keep and maintain such records of the wages
12   and wage rates, job classifications and other terms and
13   conditions of employment of the persons employed by [him] the
14   employer, and shall preserve such records for such period and
15   shall make such reports therefrom, as the secretary shall
16   prescribe.
17      Section 8.   Penalties.--(a)   Any employer who wilfully and
18   knowingly violates any provisions of this act, or who
19   retaliates, discharges or in any other manner discriminates
20   against any employe because such employe has made any complaint
21   to [his] an employer, the secretary or any other person who
22   instituted or caused to be instituted any proceeding under or
23   related to this act, or has testified or is about to testify in
24   any such proceedings, shall, upon conviction thereof in a
25   summary proceeding, be sentenced to pay a fine of not less than
26   [fifty dollars ($50) nor more than two hundred dollars ($200)]
27   two thousand five hundred dollars ($2,500) nor more than five
28   thousand dollars ($5,000), and, upon default in such fine and
29   costs, shall undergo imprisonment for not less than thirty days
30   nor more than sixty days. [Each] Discrimination against each

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 1   individual employe and each day such a violation continues shall
 2   constitute a separate offense.
 3      (b)   Any employer who fails to keep the records required
 4   under this act or to furnish such records to the secretary upon
 5   request, or who falsifies such records or who hinders, delays or
 6   otherwise interferes with the secretary or [his] the secretary's
 7   authorized representatives in the performance of [his] the
 8   secretary's duties in the enforcement of this act, or refuses
 9   such official entry into any establishment which [he] the
10   secretary is authorized by this act to inspect, shall, upon
11   conviction thereof in a summary proceeding, be sentenced to pay
12   a fine of not less than [fifty dollars ($50) nor more than two
13   hundred dollars ($200)] two thousand five hundred dollars
14   ($2,500) nor more than five thousand dollars ($5,000), and, upon
15   default in such fine and costs, shall undergo imprisonment for
16   not less than thirty days nor more than sixty days. Each day
17   such a violation continues shall constitute a separate offense.
18      (c)   The secretary may impose an administrative penalty of
19   not less than two thousand five hundred dollars ($2,500) nor
20   more than five thousand dollars ($5,000) for each violation of
21   this act. This subsection shall be subject to 2 Pa.C.S. Chs. 5
22   Subch. A (relating to practice and procedure of Commonwealth
23   agencies) and 7 Subch. A (relating to judicial review of
24   Commonwealth agency action).
25      (d)   The secretary may order an employer to take a corrective
26   action which the secretary deems necessary to address a
27   violation of this act.
28      Section 5.   The act is amended by adding a section to read:
29      Section 8.1.   Equal Pay Enforcement Fund.--The Equal Pay
30   Enforcement Fund is established as a separate fund in the State

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1   Treasury. The following shall apply:
2      (1)   All fines imposed and collected under section 8 shall be
3   deposited into the Equal Pay Enforcement Fund.
4      (2)   The money in the Equal Pay Enforcement Fund is
5   appropriated on a continuing basis to the Department of Labor
6   and Industry to be used for enforcement of this act.
7      Section 6.   This act shall take effect in one year.




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