SB 487 — An Act providing for notification of wage theft and for protection for employees who report wage theft; imposing duties on the Department of Labor and Industry; establishing the Wage Theft Notification and Protection Restricted Account; and imposing penalties and other relief.

PRINTER'S NO.     459

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 487
                                               Session of
                                                 2025

     INTRODUCED BY HUGHES, KANE, TARTAGLIONE, L. WILLIAMS, SAVAL,
        KEARNEY, HAYWOOD AND SANTARSIERO, MARCH 21, 2025

     REFERRED TO LABOR AND INDUSTRY, MARCH 21, 2025


                                    AN ACT
 1   Providing for notification of wage theft and for protection for
 2      employees who report wage theft; imposing duties on the
 3      Department of Labor and Industry; establishing the Wage Theft
 4      Notification and Protection Restricted Account; and imposing
 5      penalties and other relief.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8   Section 1.   Short title.
 9      This act shall be known and may be cited as the Wage Theft
10   Notification and Protection Act.
11   Section 2.   Definitions.
12      The following words and phrases when used in this act shall
13   have the meanings given to them in this section unless the
14   context clearly indicates otherwise:
15      "Account."    The Wage Theft Notification and Protection
16   Restricted Account established under section 8.
17      "Construction Workplace Misclassification Act."     The act of
18   October 13, 2010 (P.L.506, No.72), known as the Construction
19   Workplace Misclassification Act.
 1      "Department."     The Department of Labor and Industry of the
 2   Commonwealth.
 3      "Employee."     As the term "employe" is defined in section 3 of
 4   The Minimum Wage Act.
 5      "Employer."     An employer as defined in any of the following:
 6            (1)   The Wage Payment and Collection Law.
 7            (2)   The Minimum Wage Act.
 8      "Secretary."     The Secretary of Labor and Industry of the
 9   Commonwealth or a designee.
10      "The Minimum Wage Act."     The act of January 17, 1968 (P.L.11,
11   No.5), known as The Minimum Wage Act of 1968.
12      "Wage Payment and Collection Law."     The act of July 14, 1961
13   (P.L.637, No.329), known as the Wage Payment and Collection Law.
14      "Wage theft."     The failure to pay, withholding or
15   deprivation, including the aiding thereof, of wages, gratuities,
16   benefits or other compensation, lawfully due to an employee
17   under the Wage Payment and Collection Law, The Minimum Wage Act,
18   the Construction Workplace Misclassification Act or other State
19   law regulating wages, gratuities, benefits or other compensation
20   lawfully due to employees.
21   Section 3.     Notice.
22      (a)   Summary.--The department shall develop and make
23   available to employers on the department's publicly accessible
24   Internet website a plain language, easy-to-understand summary on
25   wage theft. The department shall furnish, on request by an
26   employer, a copy of the summary without charging a fee. The
27   summary shall include:
28            (1)   Examples of wage theft.
29            (2)   Citations to State law applicable to the examples.
30            (3)   Remedies and penalties applicable to the examples of

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 1      wage theft.
 2            (4)   A statement indicating that wage theft is not
 3      limited to the examples and how to access information on
 4      other types of violations.
 5            (5)   Information indicating how to report wage theft and
 6      limitations for filing a complaint.
 7            (6)   A statement of employee protections for reporting
 8      wage theft and participating in a related investigation.
 9            (7)   A reference to the requirements, penalties and
10      protections established under this act.
11            (8)   Any other information deemed necessary by the
12      department.
13      (b)   Notice of summary.--An employer shall provide notice to
14   its employees no later than 90 days from the effective date of
15   this section or at the time of hiring, of the summary under
16   subsection (a).
17   Section 4.     Additional notice requirements.
18      (a)   Additional requirements.--An employer shall:
19            (1)   post the summary described under section 3(a) at the
20      workplace in a conspicuous place where employees normally
21      pass and can read it; or
22            (2)   make the summary continuously available to employees
23      through a website, intranet, mobile application or other
24      electronic or Internet service regularly used by the employer
25      to communicate with employees. The employer shall notify each
26      employee that the notice is available electronically,
27      including how to access it.
28      (b)   Updates to information.--The department shall update as
29   necessary the summary described under section 3(a) and post the
30   updated summary on its publicly accessible Internet website in

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 1   downloadable format. An employer shall, within 120 days of the
 2   date on which the department posts the updated summary on its
 3   publicly accessible Internet website, update the notices
 4   required under subsection (a) and section 3(a).
 5   Section 5.     Criminal penalties.
 6      An employer that fails to provide notice to an employee as
 7   required under section 3(a), fails to comply with the
 8   requirements of section 4(a) and (b) or is found to be in
 9   violation of section 7(a) when a criminal penalty for the
10   violation is not provided for under existing State law or
11   regulation, commits a summary offense and, upon conviction,
12   shall be sentenced to pay a fine of not more than $500.
13   Section 6.     Administrative penalties and civil enforcement.
14      (a)   Penalties.--If the secretary finds that an employer has
15   violated this act and an administrative penalty for the
16   violation is not provided for under existing State law or
17   regulation, the secretary may assess and collect a civil penalty
18   of not more than $500 per violation.
19      (b)   Factors to be considered.--When determining the amount
20   of the penalty to be imposed, the secretary shall consider
21   factors, including, but not limited to:
22            (1)   The history of previous violations.
23            (2)   The good faith of the employer.
24            (3)   The size of the employer's business.
25      (c)   Use of penalty funds.--Penalties collected under this
26   section shall be paid into the account.
27      (d)   Enforcement proceedings.--The secretary may enforce this
28   act in an enforcement proceeding authorized by and brought under
29   The Minimum Wage Act, the Wage Payment and Collection Law, the
30   Construction Workplace Misclassification Act or other State law

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 1   regulating wages, gratuities, benefits or other compensation
 2   lawfully due to employees.
 3   Section 7.   Retaliation prohibited.
 4      (a)   Prohibition.--It shall be unlawful for an employer or
 5   officer or agent of an employer to take adverse action against a
 6   person in retaliation for exercising rights protected under this
 7   act, The Minimum Wage Act, the Wage Payment and Collection Law,
 8   the Construction Workplace Misclassification Act or other State
 9   law regulating wages, gratuities, benefits or other compensation
10   lawfully due to employees. Rights protected under this section
11   include, but are not limited to, the right to file a complaint,
12   participate in an investigation or to inform any person about
13   the provisions of, or an employer's noncompliance with, this
14   act, The Minimum Wage Act, the Wage Payment and Collection Law,
15   the Construction Workplace Misclassification Act or other State
16   law regulating wages, gratuities, benefits or other compensation
17   lawfully due to employees.
18      (b)   Rebuttable presumption.--Adverse action against a person
19   within 90 days of the person's exercise of a right protected
20   under this act, The Minimum Wage Act, the Wage Payment and
21   Collection Law, the Construction Workplace Misclassification Act
22   or other State law regulating wages, gratuities, benefits or
23   other compensation lawfully due to employees, shall raise a
24   rebuttable presumption of having done so in retaliation for the
25   exercise of the right.
26      (c)   Relief authorized.--The secretary may order any relief
27   necessary to make an employee whole for retaliation, including,
28   but not limited to, payment of lost wages and benefits,
29   reinstatement or other equitable relief.
30   Section 8.   Wage Theft Notification and Protection Restricted

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 1                Account.
 2      The Wage Theft Notification and Protection Restricted Account
 3   is established as a restricted account within the General Fund.
 4   The money in the account is appropriated to the department on a
 5   continuing basis for the purposes of administering this act, The
 6   Minimum Wage Act, the Wage Payment and Collection Law, the
 7   Construction Workplace Misclassification Act or other State law
 8   regulating wages, gratuities, benefits or other compensation
 9   lawfully due to employees.
10   Section 9.   Report.
11      By July 31, 2028, and every year thereafter, the department
12   shall submit a report to the chairperson and minority
13   chairperson of the Labor and Industry Committee of the Senate
14   and the chairperson and minority chairperson of the Labor and
15   Industry Committee of the House of Representatives. The report
16   shall be posted on the department's publicly accessible Internet
17   website. The report shall contain information on violations
18   under this act from the preceding calendar year. The report
19   shall also contain information on wage theft violations from the
20   preceding calendar year, including:
21          (1)   The total number of violations.
22          (2)   A listing of employers classified by the nature of
23      the violations and business industry.
24          (3)   A brief description of the violations for the
25      employers listed.
26          (4)   The total number of workers impacted under each
27      violation classification.
28          (5)   The total amount of wages and tax revenue unlawfully
29      withheld from the violations.
30          (6)   A listing of other forms of compensation unlawfully

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1      withheld from the violations.
2          (7)    A summary of enforcement actions collectively taken
3      in response to the violations.
4          (8)    Other information deemed necessary by the
5      department.
6   Section 10.   Effective date.
7      This act shall take effect in four months.




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