SB 413 — An Act providing for statutory construction of Pennsylvania wage and hour laws.

PRINTER'S NO.   366

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       SENATE BILL
                       No. 413
                                               Session of
                                                 2025

     INTRODUCED BY BAKER, CULVER, J. WARD AND MARTIN, MARCH 10, 2025

     REFERRED TO LABOR AND INDUSTRY, MARCH 10, 2025


                                   AN ACT
 1   Providing for statutory construction of Pennsylvania wage and
 2      hour laws.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.   Short title.
 6      This act shall be known and may be cited as the Statutory
 7   Construction of Wage and Hour Laws Act.
 8   Section 2.   Declaration of purpose.
 9      The General Assembly finds and declares as follows:
10          (1)   Many employers in this Commonwealth are subject to
11      dual coverage under the Fair Labor Standards Act of 1938 (29
12      U.S.C. Ch. 8) and the act of January 17, 1968 (P.L.11, No.5),
13      known as The Minimum Wage Act of 1968.
14          (2)   The Congress of the United States and the United
15      States Department of Labor have a robust history of amending
16      and revising the Fair Labor Standards Act of 1938 and its
17      implementing regulations and interpretive guidance, including
18      29 U.S.C. Ch. 9 (relating to portal-to-portal pay) and 29 CFR
 1      Pt. 541 (relating to defining and delimiting the exemptions
 2      for executive, administrative, professional, computer and
 3      outside sales employees).
 4            (3)   The General Assembly seeks to avoid, to the greatest
 5      extent possible and consistent with the public policy of the
 6      Commonwealth, the burdening of employers and employees with
 7      two different sets of Federal and State standards.
 8            (4)   As a result of the General Assembly and the
 9      Department of Labor and Industry of the Commonwealth failing
10      to update in accordance with the amendments and revisions to
11      the Fair Labor Standards Act of 1938 and its implementing
12      regulations and interpretive guidance, unintended
13      discrepancies have arisen between Federal and State law.
14            (5)   The discrepancies between Federal and State law have
15      caused confusion for employers and employees and have
16      resulted in instances in which good faith compliance with
17      Federal law has nonetheless been deemed to be in violation of
18      State law.
19   Section 3.     Construction of The Minimum Wage Act of 1968.
20      (a)   In pari materia with Federal law.--The act of January
21   17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968,
22   shall be construed in pari materia with 29 U.S.C. Ch. 9
23   (relating to portal-to-portal pay) and sections 7 and 13 and the
24   other provisions of the Fair Labor Standards Act of 1938 (29
25   U.S.C. Ch. 8), including regulations in effect on or after the
26   effective date of this section.
27      (b)   Tipped employee wage.--
28            (1)   The minimum cash wage for tipped employees shall be
29      $2.83 per hour. If the minimum cash wage for tipped employees
30      specified in the Fair Labor Standards Act of 1938 is

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 1      increased above the minimum cash wage required under this
 2      section, the minimum cash wage required under this section
 3      shall be increased by the same amounts and effective the same
 4      date as the increases under the Fair Labor Standards Act of
 5      1938.
 6          (2)   The Secretary of Labor and Industry shall transmit
 7      notice to the Legislative Reference Bureau for publication in
 8      the next available issue of the Pennsylvania Bulletin of any
 9      increase to the minimum cash wage as provided by this
10      subsection.
11   Section 4.   Construction of this act.
12      Nothing in this act shall be construed to:
13          (1)   modify or repeal the act of October 9, 2008
14      (P.L.1376, No.102), known as the Prohibition of Excessive
15      Overtime in Health Care Act; or
16          (2)   preempt Federal law or to otherwise excuse
17      noncompliance with any Federal law establishing a higher
18      standard than the standard established under the act of
19      January 17, 1968 (P.L.11, No.5), known as The Minimum Wage
20      Act of 1968.
21   Section 5.   Repeals.
22      All acts and parts of acts are repealed insofar as they are
23   inconsistent with this act.
24   Section 6.   Abrogation of regulations.
25      All regulations and parts of regulations are abrogated
26   insofar as they are inconsistent with this act.
27   Section 7.   Effective date.
28      This act shall take effect in 30 days.




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