HB 715 — An Act amending the act of January 17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968, further providing for penalties.

PRINTER'S NO.   734

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 715
                                                 Session of
                                                   2025

     INTRODUCED BY KINKEAD, D. MILLER, SANCHEZ, WAXMAN, HILL-EVANS,
        ISAACSON, FIEDLER, PROBST, PIELLI, McNEILL, SCHLOSSBERG,
        KHAN, CERRATO, RABB, HADDOCK, NEILSON, HOWARD, GIRAL, OTTEN,
        D. WILLIAMS, MAYES, HOHENSTEIN, DEASY, GREEN, CIRESI,
        FREEMAN, STEELE AND KENYATTA, FEBRUARY 24, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 24, 2025


                                     AN ACT
 1   Amending the act of January 17, 1968 (P.L.11, No.5), entitled
 2      "An act establishing a fixed minimum wage and overtime rates
 3      for employes, with certain exceptions; providing for minimum
 4      rates for learners and apprentices; creating a Minimum Wage
 5      Advisory Board and defining its powers and duties; conferring
 6      powers and imposing duties upon the Department of Labor and
 7      Industry; imposing duties on employers; and providing
 8      penalties," further providing for penalties.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Section 12 of the act of January 17, 1968
12   (P.L.11, No.5), known as The Minimum Wage Act of 1968, is
13   amended to read:
14      Section 12.     Penalties.--(a)   Any employer and his or her
15   agent, or the officer or agent of any corporation, who
16   discharges or in any other manner discriminates against any
17   employe because such employe has testified or is about to
18   testify before the secretary or his or her representative in any
19   investigation or proceeding under or related to this act, or
 1   because such employer believes that said employe may so testify
 2   shall, upon conviction thereof in a summary proceeding, be
 3   sentenced to pay a fine of not less than [five hundred dollars
 4   ($500) nor more than one thousand dollars ($1,000)] one thousand
 5   five hundred dollars ($1,500) nor more than three thousand
 6   dollars ($3,000), and in default of the payment of such fine and
 7   costs, shall be sentenced to imprisonment for not less than ten
 8   days nor more than ninety days.
 9      (b)    Any employer or the officer or agent of any corporation
10   who pays or agrees to pay any employe less than the rates
11   applicable to such employe under this act shall, upon conviction
12   thereof [in a summary proceeding, be sentenced to pay a fine of
13   not less than seventy-five dollars ($75) nor more than three
14   hundred dollars ($300) or to undergo imprisonment of not less
15   than ten nor more than sixty days, or both.], be sentenced to
16   the following:
17             (1)   A summary offense for a first offense if the total
18      wages due were less than one hundred fifty dollars ($150).
19             (2)   A misdemeanor of the second degree for a second
20      offense and if the total wages due were less than one hundred
21      fifty dollars ($150).
22             (3)   A misdemeanor of the first degree for a first or
23      second offense if the total wages due were more than one
24      hundred fifty dollars ($150).
25             (4)   A felony of the third degree for a third or
26      subsequent offense regardless of the total amount of wages
27      due.
28      (b.1)    Each week in which such employe is paid less than the
29   rate applicable to him or her under this act and for each
30   employe who is paid less than the prescribed rate, a separate

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 1   offense shall be deemed to occur. Any agreement between the
 2   employer and the employe to work for less than the applicable
 3   wage rate shall be no defense to action by the Commonwealth
 4   under this section.
 5      (c)     Any employer or the officer or agent of any corporation
 6   who violates any other provision of this act or of any
 7   regulation issued thereunder shall, upon conviction thereof in a
 8   summary proceeding, be sentenced to pay a fine of not less than
 9   [one hundred dollars ($100) nor more than five hundred dollars
10   ($500)] three hundred dollars ($300) nor more than one thousand
11   five hundred dollars ($1,500), and each day of such failure to
12   comply with this act or regulation, shall constitute a separate
13   offense.
14      Section 2.    This act shall take effect in 60 days.




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