SB 237 — An Act amending the act of December 17, 1959 (P.L.1913, No.694), known as the Equal Pay Law, further providing for definitions, for wage rates and for collection of unpaid wages.

PRINTER'S NO.   182

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 237
                                                Session of
                                                  2025

     INTRODUCED BY TARTAGLIONE, STREET, HUGHES, FONTANA, KANE,
        COMITTA, COLLETT, SCHWANK, SAVAL, HAYWOOD AND COSTA,
        FEBRUARY 4, 2025

     REFERRED TO LABOR AND INDUSTRY, FEBRUARY 4, 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, for wage rates and for
 6      collection of unpaid wages.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    Section 2(a) of the act of December 17, 1959
10   (P.L.1913, No.694), known as the Equal Pay Law, is amended and
11   the section is amended by adding subsections to read:
12      Section 2.    Definitions.--(a)   The term "employe," as used in
13   this act, shall mean any person employed for hire in any
14   [lawful] business, industry, trade or profession, or in any
15   other [lawful] enterprise in which individuals are gainfully
16   employed; including individuals employed by the Commonwealth or
17   any of its political subdivisions, including public bodies[:
18   Provided, however, That the term "employe" as used in this act
19   shall not apply to any person or persons who is or are subject
 1   to section 6 of the Federal Fair Labor Standards Act (Act of
 2   June 25, 1938, as amended)].
 3      * * *
 4      (e.1)   The term "wages" includes all earnings of an employe,
 5   regardless of whether determined on time, task, piece,
 6   commission or other method of calculation, including salaries
 7   based on annual or other basis. The term "wages" also includes
 8   fringe benefits, wage supplements or other compensation, whether
 9   payable by the employer from funds of the employer or from
10   amounts withheld from the employe's pay by the employer.
11      (e.2)   The term "comparable work" shall mean work that is
12   substantially similar in that it requires substantially similar
13   skill, effort and responsibility and is performed under similar
14   working conditions. A job title or job description alone shall
15   not determine comparability.
16      (e.3)   The term "working conditions" shall include the
17   circumstances customarily taken into consideration in setting
18   salary or wages, including reasonable shift differentials,
19   physical surroundings and hazards encountered by employes
20   performing a job.
21      * * *
22      Section 2.   Section 3 of the act is amended to read:
23      Section 3.   Wage Rates.--(a)   No employer having employes
24   subject to any provisions of this section shall discriminate[,
25   within any establishment in which such employes are employed,]
26   between employes on the basis of sex by paying wages to employes
27   [in such establishment] at a rate less than the rate at which
28   [he] the employer pays wages to employes of the opposite sex [in
29   such establishment] for [equal] comparable work [on jobs, the
30   performance of which, requires equal skill, effort, and

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 1   responsibility, and which are performed under similar working
 2   conditions], except where [such payment is made pursuant to (1)
 3   a seniority system; (2) a merit system; (3) a system which
 4   measures earnings by quantity or quality of production; or (4) a
 5   differential based on any other factor other than sex: Provided,
 6   That any] the employer demonstrates that:
 7      (1)    The wage differential is based upon one or more of the
 8   following factors:
 9      (i)    A bona fide seniority system. Time spent on leave due to
10   a pregnancy-related condition and protected parental, family and
11   medical leave shall not reduce seniority.
12      (ii)    A bona fide merit system.
13      (iii)    A bona fide system which measures earnings by quantity
14   or quality of production or sales.
15      (iv)    A bona fide factor other than sex, including education,
16   training or experience.
17      (2)    Each factor relied upon is applied reasonably.
18      (3)    The one or more factors relied upon account for the
19   entire wage differential.
20      (4)    The job title or job description alone does not
21   determine if two jobs are comparable.
22      (a.1)    Any employer who is paying a wage rate differential in
23   violation of [this] subsection (a) shall not, in order to comply
24   with the provisions of [this] subsection (a), reduce the wage
25   rate of any employe.
26      (a.2)    The bona fide factor defense described under
27   subsection (a)(1)(iv):
28      (1)    Shall apply only if the employer demonstrates that the
29   bona fide factor:
30      (i)    is not based upon or derived from a sex-based

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 1   differential in compensation;
 2      (ii)    is job-related with respect to the position in
 3   question; and
 4      (iii)    is consistent with business necessity. For purposes of
 5   this subparagraph, the term "business necessity" means an
 6   overriding legitimate business purpose on which the factor
 7   relied upon effectively fulfills the purpose the business is
 8   supposed to serve.
 9      (2)    Shall not apply if the employe demonstrates that an
10   alternative business practice exists that would serve the same
11   business purpose without producing the wage differential.
12      (b)    No labor organization, or its agents, representing
13   employes of an employer having employes subject to any
14   provisions of this section, shall cause or attempt to cause such
15   an employer to discriminate against an employe in violation of
16   subsection (a) of this section.
17      Section 3.    Section 5(b) of the act is amended and the
18   section is amended by adding a subsection to read:
19      Section 5.    Collection of Unpaid Wages.--* * *
20      (a.1)    The Attorney General may also bring an action to
21   collect unpaid wages on behalf of one or more employes, as well
22   as damages, equitable relief and attorney fees and costs. The
23   costs and attorney fees shall be paid to the Commonwealth. The
24   Attorney General shall not be required to pay any filing fee or
25   other cost in connection with the action.
26      (b)    Any action pursuant to the provisions of this act must
27   be brought within two years from the date upon which the
28   violation complained of occurs[.] unless the violation is a
29   wilful violation, in which case the action must be brought
30   within three years from the date of the violation. For the

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1   purposes of this section, a violation occurs when:
2      (1)   a discriminatory wage decision or practice is adopted;
3      (2)   an individual is subject to a discriminatory wage
4   decision or practice; or
5      (3)   an individual is affected by application of a
6   discriminatory wage decision or practice, including each time
7   wages paid result, in whole or in part, from a discriminatory
8   wage decision or practice.
9      Section 4.   This act shall take effect in 30 days.




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