SB 548 — An Act providing for fair workweek employment standards and for powers and duties of the Department of Labor and Industry; and imposing penalties.

PRINTER'S NO.   565

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 548
                                               Session of
                                                 2025

     INTRODUCED BY SAVAL, KEARNEY, FONTANA, HAYWOOD, HUGHES, KIM,
        TARTAGLIONE, COSTA AND COMITTA, APRIL 4, 2025

     REFERRED TO LABOR AND INDUSTRY, APRIL 4, 2025


                                    AN ACT
 1   Providing for fair workweek employment standards and for powers
 2      and duties of the Department of Labor and Industry; and
 3      imposing penalties.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.    Short title.
 7      This act shall be known and may be cited as the Fair Workweek
 8   Employment Standards Act.
 9   Section 2.    Definitions.
10      The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Caterer."    A person primarily engaged in providing single
14   event-based food services.
15      "Chain."    A set of establishments that do business under the
16   same trade name or service mark and that are characterized by
17   standardized options for decor, marketing, packaging, products
18   and services, regardless of the type of ownership of each
 1   individual establishment.
 2      "Covered employer."   A retail establishment, hospitality
 3   establishment or food services establishment that, worldwide,
 4   employs 250 or more employees and has 20 or more locations
 5   regardless of where the employees perform work, including chain
 6   establishments or franchises associated with a franchisor or
 7   network of franchises that employ more than 250 employees in
 8   aggregate. The term includes an individual, partnership,
 9   association, corporation or business trust or any person or
10   group of persons, or a successor of such, that employs another
11   person in a retail establishment, hospitality establishment or
12   food services establishment, including a person acting directly
13   or indirectly in the interest of the employer in relation to the
14   employee.
15      "Department."   The Department of Labor and Industry of the
16   Commonwealth.
17      "Employee."   An individual employed or permitted to work at
18   or for a covered employer within the geographic boundaries of
19   this Commonwealth who is required under Federal or State law to
20   be paid at an overtime rate for hours in excess of a maximum
21   number per workweek, including full-time employees, part-time
22   employees and seasonal and temporary workers and whose job
23   duties involve the provision of retail trade services, food
24   services or hospitality services at or for a covered employer.
25      "Food service contractor."    An establishment primarily
26   engaged in providing food services at institutional,
27   governmental, commercial or industrial locations of others based
28   on an contractual arrangement for a specified period of time.
29      "Food services establishment."       As follows:
30          (1)   An establishment that prepares meals, snacks and

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 1      beverages to a customer's order for immediate on-premises and
 2      off-premises consumption.
 3          (2)   The term includes:
 4                (i)    Food service contractors.
 5                (ii)    Caterers.
 6                (iii)    Mobile food services.
 7                (iv)    Restaurants.
 8          (3)   The term includes hospitality establishments,
 9      amusement parks, theaters, casinos, country clubs and civic
10      and social organizations if the food services are provided by
11      a separate establishment primarily engaged in providing food
12      and beverage services.
13          (4)   The term does not include dinner cruises.
14      "Hospitality establishment."         An establishment primarily
15   engaged in providing short-term lodging in facilities known as
16   hotels, motor hotels, resort hotels and motels which may offer
17   food and beverage services, recreational services, conference
18   rooms, convention services, laundry services, parking and other
19   services for customers.
20      "Mobile food services."       An establishment primarily engaged
21   in preparing and serving meals and snacks for immediate
22   consumption from motorized vehicles or nonmotorized carts.
23      "On-call shift."     Any time that a covered employer requires
24   an employee to be available to work, or to contact the covered
25   employer or the covered employer's designee or wait to be
26   contacted by the covered employer or designee, to determine
27   whether the employee must report to work at that time.
28      "Posted work schedule."       The written work schedule that a
29   covered employer is required to provide to employees under
30   section 3(c) and post under section 3(d).

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 1      "Retail establishment."    The fixed point-of-sale location of
 2   a retail business, including:
 3          (1)    New and used car dealerships.
 4          (2)    Furniture and home furnishing stores.
 5          (3)    Building material and garden equipment and supplies
 6      dealers.
 7          (4)    Food and beverage stores, including grocery stores,
 8      convenience stores, specialty food stores, meat markets, fish
 9      and seafood markets, fruit and vegetable markets, baked goods
10      stores, confectionery and nut stores and beer, wine and
11      liquor stores.
12          (5)    Health and personal care stores, including
13      pharmacies and drug stores; cosmetics, beauty supplies and
14      perfume stores; optical goods stores; and health supplement
15      stores.
16          (6)    Gasoline stations.
17          (7)    Clothing stores, clothing accessories stores, shoe
18      stores, jewelry stores, luggage stores and leather goods
19      stores.
20          (8)    Sporting goods, hobby, musical instrument and book
21      stores.
22          (9)    General merchandise stores, including department
23      stores.
24          (10)     Miscellaneous store retailers, including florists,
25      office suppliers, stationery stores, gift stores, novelty and
26      souvenir stores, used merchandise stores, pet stores and art
27      dealers.
28      "Secretary."    The Secretary of Labor and Industry of the
29   Commonwealth.
30      "Service mark."    As defined in 54 Pa.C.S. § 1102 (relating to

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 1   definitions).
 2      "Shift."     The consecutive hours a covered employer requires
 3   an employee to work or to be on call to work, provided that
 4   breaks totaling two hours or less may not be considered an
 5   interruption of consecutive hours.
 6      "Successor."     A person to whom a covered employer that quits,
 7   sells out, exchanges or disposes of a business sells or
 8   otherwise conveys in bulk and not in the ordinary course of the
 9   covered employer's business, a major part of the property,
10   whether real or personal, tangible or intangible, of the covered
11   employer's business.
12      "Ticketed event."    A sporting, entertainment, civic,
13   charitable or other event that requires a ticket for admission.
14   The ticket may be electronic, physical or a name on a list held
15   by the event organizer.
16      "Trade name."     As defined in 54 Pa.C.S. § 1102.
17      "Work schedule."    All of an employee's shifts and on-call
18   shifts, including specific start and end times for each shift,
19   during a workweek.
20      "Workweek."    A period of seven consecutive days beginning on
21   a designated day.
22      "Written communication."     Communication by print or
23   electronic means, including e-mail, text messages, use of
24   scheduling applications or other forms of communication that can
25   be saved in an original format.
26   Section 3.    Advance notice of work schedules.
27      (a)   Good faith estimate.--Upon hiring an employee, a covered
28   employer shall provide the employee with a written, good faith
29   estimate of the employee's work schedule. The covered employer
30   shall revise the good faith estimate when there is a significant

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 1   change to the employee's work schedule due to changes in the
 2   employee's availability or to the covered employer's business
 3   needs. The good faith estimate is not a binding contractual
 4   offer binding the covered employer. An estimate made without a
 5   good faith basis shall be a violation of this section. The good
 6   faith estimate shall contain:
 7            (1)   The average number of work hours the employee can
 8      expect to work each week over a typical 90-day period.
 9            (2)   Whether the employee can expect to work any on-call
10      shifts.
11            (3)   A subset of days and a subset of times or shifts
12      that the employee can typically expect to work or days of the
13      week and times or shifts on which the employee will not be
14      scheduled to work.
15      (b)     Work schedule requests.--At the time of hire and during
16   employment, an employee has the right to make work schedule
17   requests. A covered employer may grant or deny the request for
18   any reason that is not unlawful. The work schedule requests may
19   include:
20            (1)   Requests not to be scheduled for work shifts during
21      certain days or times or at certain locations.
22            (2)   Requests not to work on-call shifts.
23            (3)   Requests for certain hours, days or locations of
24      work.
25            (4)   Requests for more or fewer work hours.
26      (c)     Written work schedule.--At the commencement of
27   employment, a covered employer shall provide an employee with a
28   written work schedule that runs through the last date of the
29   currently posted work schedule. Thereafter, a covered employer
30   shall provide advanced written notice of work hours as provided

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 1   under subsection (d). Nothing under this section shall be
 2   construed to prohibit a covered employer from providing greater
 3   advanced notice of employees' work schedules and changes in
 4   schedules as required by this section.
 5      (d)     Advanced notice of work schedule.--Written notice of the
 6   posted work schedule shall be provided in a conspicuous and
 7   accessible location where employee notices are customarily
 8   posted. If a covered employer posts the posted work schedule in
 9   an electronic format, all employees in the workplace shall have
10   access to the posted work schedule onsite. The posted work
11   schedule shall include the employees' shifts at that work site,
12   whether or not employees are scheduled to work or be on call,
13   and the posted work schedule shall be posted no later than 14
14   days before the first day of the new schedule beginning January
15   1, 2026.
16      (e)     Changes to work schedule.--If the covered employer
17   requests changes to the written work schedule after the advanced
18   notice required under subsection (d) has been posted, the
19   following shall apply:
20            (1)   The covered employer shall provide the employee with
21      timely notice of the change by in-person conversation,
22      telephone call, e-mail, text message or other accessible
23      electronic or written format.
24            (2)   The employee may decline to work any shifts not
25      included in the employee's written work schedule. If the
26      employee voluntarily consents to work the hours, the consent
27      shall be recorded by written communication. A written
28      communication of an employee's desire to work shifts made
29      available under section 6 shall constitute written consent.
30   Section 4.     Compensation for changed work schedules.

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 1      (a)    Predictability pay.--For each covered employer-initiated
 2   change to the posted work schedule that occurs after the posting
 3   required under section 3(d), a covered employer shall pay an
 4   employee predictability pay at the following rates, in addition
 5   to the employee's regular pay for hours actually worked by the
 6   employee:
 7             (1)   One hour at the employee's regular rate of pay when
 8      the covered employer adds time to a work shift or changes the
 9      date, time or location of a work shift, with no loss of
10      hours.
11             (2)   No less than one-half of the employee's regular rate
12      of pay per hour for any scheduled hours the employee does not
13      work for the following reasons:
14                   (i)    hours are subtracted from a regular or on-call
15             shift; or
16                   (ii)   a regular or on-call shift is canceled.
17             (3)   No less than two-thirds of the employee's regular
18      rate of pay per hour if a regular or on-call shift is
19      canceled or reduced two days or less prior to the start of
20      the shift.
21      (b)    Exception.--A covered employer is not required to pay
22   additional compensation under subsection (a) to an employee
23   under this section or obtain written consent under section 3(e)
24   (2) if:
25             (1)   An employee requests a shift change by written
26      communication, including voluntary additions or subtractions
27      of hours that are initiated by the employee or the use of
28      sick leave, vacation leave or other leave policies offered by
29      the covered employer.
30             (2)   A schedule change is the result of a mutually

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 1    agreed-upon shift trade or coverage arrangement between
 2    employees, subject to any covered employer's policy regarding
 3    required conditions for employees to exchange shifts.
 4        (3)   The covered employer's operations cannot begin or
 5    continue due to:
 6              (i)    threats to the employees or the covered
 7        employer's property;
 8              (ii)    the failure of a public utility or the shutdown
 9        of public transportation;
10              (iii)    a fire, flood or other natural disaster;
11              (iv)    a state of emergency declared by the President
12        of the United States or the Governor; or
13              (v)    severe weather conditions that disrupt
14        transportation or pose a threat to employee safety.
15        (4)   An employee begins or ends work no more than 20
16    minutes before or after the scheduled start or end time of
17    the shift.
18        (5)   An employee volunteers to work additional hours in
19    response to a mass written communication from the covered
20    employer about the availability of additional hours, provided
21    that the mass communication is only used for additional hours
22    that are the result of another employee being unable to work
23    scheduled hours, and the communication makes clear that
24    accepting the hours is voluntary and the employee has the
25    right to decline the hours.
26        (6)   Employee hours are subtracted due to termination of
27    employment or the covered employer subtracts hours from an
28    employee's work schedule for disciplinary reasons under a
29    multiday suspension, provided the employer documents in
30    writing the incident leading to the disciplinary action.

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 1            (7)   A ticketed event is canceled, rescheduled,
 2      postponed, delayed, increases in expected attendance by 20%
 3      or more or changes in duration due to circumstances that are
 4      outside the covered employer's control and that occur after
 5      the covered employer provides the posted work schedule
 6      required under section 3(d). Additional hours due to a change
 7      in a ticketed event's duration that fall within this
 8      exemption shall also be fully exempt from section 3(d).
 9   Section 5.     Right to rest between work shifts.
10      (a)   Decline or consent.--
11            (1)   An employee may decline, without penalty, any work
12      hours that are scheduled or otherwise occur:
13                  (i)    less than 11 hours after the end of the previous
14            day's shift; or
15                  (ii)   during the 11 hours following the end of a
16            shift that spanned two days.
17            (2)   An employee may consent to work shifts under
18      paragraph (1). Consent shall be provided by written
19      communication, either for each shift or for multiple shifts
20      and may be revoked by written communication at any time
21      during employment.
22      (b)   Compensation.--A covered employer shall compensate the
23   employee for each instance that the employee works a shift
24   described under subsection (a) in the amount of $40 for each
25   shift.
26   Section 6.     Offer of work to existing employees.
27      (a)   Requirement to offer work shifts.--Before hiring a new
28   employee from an external applicant pool or a subcontractor,
29   including hiring through the use of temporary services or
30   staffing agencies, a covered employer shall offer work shifts to

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 1   existing employees as provided under this section.
 2      (b)   Notice.--The covered employer shall provide written
 3   notice of available work shifts for at least 72 hours unless a
 4   shorter period is necessary in order for the work to be timely
 5   performed and in accordance with the following:
 6            (1)   The notice shall be in English and in the primary
 7      language of the employees at the particular workplace and
 8      posted in a conspicuous location at the workplace that is
 9      readily accessible and visible to all employees. The notice
10      shall also be provided electronically to each employee if the
11      covered employer customarily communicates scheduling
12      information in an electronic form to employees.
13            (2)   The notice shall include a description of the
14      position and its required qualifications, the schedule of
15      available shifts, the length of time the covered employer
16      anticipates requiring coverage of the additional hours and
17      the process by which an employee may notify the covered
18      employer of the employee's desire to work the offered shifts.
19            (3)   The covered employer may provide the notice
20      concurrently at the location where the shifts described in
21      the notice will be worked, locations other than the location
22      where the work is to be performed and to external candidates.
23      (c)   Existing employees.--A covered employer shall distribute
24   shifts, in accordance with the criteria contained in the notice
25   required under subsection (b)(2), to one or more existing
26   employees who have accepted the shifts and who, to a reasonable
27   covered employer acting in good faith, are qualified to perform
28   the work, provided that:
29            (1)   A covered employer shall distribute shifts to
30      employees whose regular workplace is the location where the

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 1      shifts described in the notice will be worked or, if no
 2      employee accepts the shifts within the time as provided under
 3      this section and it is a regular practice of the covered
 4      employer to schedule employees across multiple locations, to
 5      employees whose regular workplace is a covered location other
 6      than the location where the shifts will be worked. If it is
 7      not a regular practice of the covered employer, offering
 8      additional shifts to employees at a different location shall
 9      be at the option of the covered employer.
10            (2)   The covered employer's system for distribution of
11      hours may not discriminate on the basis of race, color,
12      creed, religion, ancestry, national origin, sex, sexual
13      orientation, gender identity, disability, age, marital or
14      familial status or on the basis of family caregiving
15      responsibilities or status as a student, and the covered
16      employer may not distribute hours in a manner intended to
17      avoid application of the Patient Protection and Affordable
18      Care Act (Public Law 111-148, 124 Stat. 119).
19      (d)   External applicants.--A covered employer may hire
20   individuals from an external applicant pool or subcontractors to
21   perform the work described in, and in accordance with the
22   criteria provided in, the notice posted under subsection (b)(2)
23   if the covered employer provides notice of available work shifts
24   as required under this section and:
25            (1)   no employee accepts the offer of available work
26      shifts within 24 hours of the end of the 72-hour-posting
27      period;
28            (2)   the covered employer receives written confirmation
29      from eligible employees that they are not interested in
30      accepting the available work shifts; or

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 1            (3)   existing employees have accepted a subset of the
 2      offered work shifts, in which case the existing employees
 3      shall be awarded that subset of work shifts, and external
 4      applicants may be offered the remaining shifts.
 5      (e)   Construction.--This section shall not be construed to
 6   require a covered employer to offer employees work hours paid at
 7   a premium rate under Federal or State law or to prohibit a
 8   covered employer from offering the work hours.
 9      (f)   Notice of policy.--A covered employer shall notify an
10   employee by written communication of the covered employer's
11   policy for offering and distributing work shifts under this
12   section at the time of hire and within 24 hours of any change in
13   the policy and shall post the notice in an accessible location
14   in the workplace. The notice shall include:
15            (1)   Where an employee can access written notices of
16      available work shifts.
17            (2)   The process by which an employee may notify the
18      covered employer of the employee's desire to work the
19      available work shifts.
20            (3)   The criteria for distribution of work shifts among
21      qualified and interested employees.
22      (g)   Rules and regulations.--The department shall issue rules
23   and promulgate regulations limiting the applicability of this
24   section with regard to trainees who work for a limited time at a
25   particular location.
26   Section 7.     Exercise of rights protected and retaliation
27                  prohibited.
28      (a)   General prohibition.--It shall be unlawful for a covered
29   employer or any other person to interfere with, restrain or deny
30   the exercise of, or the attempt to exercise, any right under

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 1   this act.
 2      (b)   Adverse action prohibited.--No person shall take any
 3   adverse action that penalizes an employee for, or is reasonably
 4   likely to deter the employee from, exercising or attempting to
 5   exercise any right under this act.
 6      (c)   Applicability.--Protections under this section shall
 7   apply to any individual who mistakenly but in good faith alleges
 8   violations of this act.
 9      (d)   Rebuttable presumption.--It shall be considered a
10   rebuttable presumption of retaliation if the covered employer or
11   any other person takes an adverse action against an employee
12   within 90 calendar days of the employee's exercise of rights
13   protected under this section unless due to disciplinary reasons
14   for just cause, provided the covered employer documents in
15   writing the incident relating to the employee's discipline. In
16   the case of seasonal employment that ended before the close of
17   the 90-calendar-day period, the presumption also applies if the
18   covered employer fails to rehire a former employee at the next
19   opportunity for work in the same position.
20      (e)   Definition.--As used in this section, the term "adverse
21   action" means the following:
22            (1)   Threatening, intimidating, disciplining,
23      discharging, demoting, suspending or harassing an employee.
24            (2)   Assigning an employee to a lesser position in terms
25      of job classification, job security or other condition of
26      employment.
27            (3)   Reducing the hours or pay of an employee or denying
28      the employee additional hours.
29            (4)   Discriminating against the employee, including
30      actions or threats related to perceived immigration status or

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 1         work authorization.
 2   Section 8.        Enforcement.
 3         (a)   Duties of secretary.--The secretary shall have the duty
 4   to:
 5               (1)   Enforce and administer this act.
 6               (2)   Investigate any alleged violations of this act.
 7               (3)   Institute prosecutions and actions as provided under
 8         this act.
 9         (b)   Prohibition.--Nothing in this act shall authorize the
10   secretary to initiate a civil action for unpaid wages which are
11   subject to disposition under grievance and arbitration
12   procedures of a collective bargaining agreement.
13         (c)   Rules and regulations.--The department may issue rules
14   and promulgate regulations necessary to administer this act.
15   Section 9.        Notice.
16         (a)   Posting requirement.--Each covered employer shall post
17   and keep posted, in conspicuous and accessible places on the
18   premises of the covered employer where notices to employees and
19   applicants for employment are customarily posted, a notice, to
20   be prepared or approved by the department, providing the rights
21   and privileges provided under this act, stating that retaliation
22   against employees for exercising rights under this act is
23   prohibited and providing other information as the department may
24   require. The notice shall be posted in English and in the
25   primary language of the employees at the particular worksite.
26         (b)   Notice of right to report improper suspension.--An
27   employee who receives reduced hours due to a multiday
28   disciplinary suspension under section 4(b)(6) shall be given
29   written notice. If the employee believes the suspension was
30   improperly imposed to manipulate or reduce the employee's

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 1   schedule in violation of this act, the employee may report the
 2   suspension to the department to investigate.
 3   Section 10.   Covered employer records.
 4      (a)   Retention.--A covered employer shall keep records
 5   necessary to demonstrate compliance with this act, including
 6   good faith estimates of work schedules and any modifications,
 7   written consent for work shifts as required by this act, offers
 8   of work shifts to existing employees and responses to those
 9   offers and payroll records that specify the amount of additional
10   compensation paid to employees under sections 4 and 5. Covered
11   employers shall retain the records for a period of two years and
12   shall allow the department access to the records, with
13   appropriate notice and at a mutually agreeable time, to monitor
14   compliance with the requirements of this act. When an issue
15   arises relating to a covered employer's compliance with this
16   act, if the covered employer does not maintain or retain
17   adequate records documenting compliance or does not allow the
18   department reasonable access to the records within 30 days of
19   the department's request, it shall be presumed that the covered
20   employer has violated this act, absent clear and convincing
21   evidence otherwise.
22      (b)   Work schedules.--Upon request by an employee, and in
23   accordance with the rules and regulations of the department, a
24   covered employer shall provide the employee with work schedules
25   for all employees at the location in writing for any previous
26   week for the past two years, including the originally posted and
27   modified versions of work schedules.
28   Section 11.   Collective bargaining.
29      Any provisions of this act may be waived in a bona fide
30   collective bargaining agreement, but only if the waiver is

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 1   explicitly provided in the agreement in clear and unmistakable
 2   terms and only if the agreement is in effect contractually.
 3   Unilateral implementation of terms and conditions of employment
 4   by either party to a collective bargaining relationship shall
 5   not constitute, or be permitted, as a waiver of any part of this
 6   act.
 7   Section 12.   Enforcement and penalties.
 8      (a)   Reporting.--An employee or other individual may report
 9   to the department any suspected violation of this act.
10      (b)   Duties of department.--The department shall take steps
11   as it deems appropriate to resolve complaints and enforce this
12   act, including establishing a system to receive complaints
13   regarding noncompliance with this act and investigating alleged
14   violations in a timely manner. The department may open an
15   investigation on the department's own initiative.
16      (c)   Filing complaint.--An individual alleging a violation of
17   this act shall file a complaint with the department within two
18   years of the date the individual knew or should have known of
19   the alleged violation. The identity of a complainant shall
20   remain confidential unless disclosure of the complainant's
21   identity is necessary for resolution of any investigation by the
22   department or otherwise required by law. The department shall,
23   to the extent practicable, notify the complainant that the
24   department will be disclosing the complainant's identity prior
25   to the disclosure.
26      (d)   Investigation.--Upon receiving a complaint alleging a
27   violation of this act, the department shall investigate the
28   complaint. The department may designate representatives to
29   inspect worksites and access records required to be maintained
30   under section 10. The department shall keep complainants

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 1   reasonably notified regarding the status of the complaint and a
 2   resulting investigation.
 3      (e)   Subpoena power.--The department shall have the power to
 4   subpoena records and testimony from any party to a complaint.
 5   The records shall be provided to the department within 30 days
 6   after receipt of the subpoena.
 7      (f)   Penalties and fines.--The department shall have the
 8   power to impose penalties and fines for a violation of this act
 9   and to provide or obtain appropriate relief. Remedies may
10   include reinstatement and full restitution to the employee for
11   lost wages and benefits, including predictability pay required
12   under section 4 of this act. A covered employer that violates
13   this act shall be fined:
14            (1)   For a violation of section 9:
15                  (i)    For a first violation, $500.
16                  (ii)    For a second violation, $1,000.
17                  (iii)    For a third or subsequent violation, $2,000.
18            (2)   For a violation of any other provision of this act:
19                  (i)    For a first violation, $1,000.
20                  (ii)    For a second violation, $1,500.
21                  (iii)    For a third or subsequent violation, $3,000.
22      (g)   Civil action.--The department, an individual aggrieved
23   by a violation of this act or an entity, a member of which is
24   aggrieved by a violation of this act, may bring a civil action
25   in a court of competent jurisdiction against a covered employer
26   that has violated this act in accordance with the following:
27            (1)   If during the pendency of a determination by the
28      department, prior to the issuance of a final decision, an
29      employee brings a private action under this act in a court of
30      competent jurisdiction seeking relief based upon the same

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 1      facts and allegations as the employee's complaint under this
 2      act, or affirmatively or by consent opts to participate in
 3      litigation, that employee's complaint to the department shall
 4      be deemed withdrawn with respect to any respondent covered
 5      employer named as a defendant in a court action.
 6            (2)   Nothing in this act or its implementing regulations
 7      shall be construed to require a complaint to be filed with
 8      the department before bringing an action in court or before
 9      another governmental agency.
10            (3)   Upon prevailing in an action brought under this
11      section, an aggrieved individual shall recover the full
12      amount of unpaid compensation, including predictability pay,
13      to which the individual would have been entitled under this
14      act, any wages and benefits lost, presumed damages under
15      subsection (f) and department regulations, other damages
16      suffered as the result of the covered employer's violation of
17      this act and an equal amount, up to a maximum of $2,000, as
18      liquidated damages. An aggrieved individual shall also be
19      entitled to an award of reasonable attorney fees and costs.
20            (4)   Upon prevailing in an action brought under this
21      section, an aggrieved individual shall be entitled to any
22      legal or equitable relief as may be appropriate to remedy the
23      violation, which may not be duplicative of relief provided to
24      the individual in administrative proceedings, including,
25      without limitation, reinstatement in employment, back pay and
26      injunctive relief.
27      (h)   Statute of limitations.--The statute of limitations for
28   a civil action brought under this section shall be two years
29   from the date the alleged violation occurred.
30   Section 13.    Applicability.

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1      This act shall not apply to a covered employer in a city of
2   the first class.
3   Section 14.   Effective date.
4      This act shall take effect in 90 days.




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