PRINTER'S NO. 343
No. 311 Session of 1989
INTRODUCED BY HARPER, JOSEPHS, GIGLIOTTI, DALEY, KUKOVICH,
BISHOP, CAWLEY, PRESTON, BILLOW, HUGHES AND PISTELLA,
FEBRUARY 7, 1989
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 7, 1989
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 providing for the establishment of pay equity for employees;
6 and making an appropriation.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1 of the act of December 17, 1959
10 (P.L.1913, No.694), known as the Equal Pay Law, is amended to
11 read:
12 Section 1. Short Title.--This act shall be known and may be
13 cited as the ["Equal Pay Law."] "Equal Pay and Pay Equity Law."
14 Section 2. Section 2(a) of the act, amended July 31, 1968
15 (P.L.869, No.262), is amended and the section is amended by
16 adding a subsection to read:
17 Section 2. Definitions.--(a) The term "employe," as used in
18 this act, shall mean any person employed for hire in any lawful
19 business, industry, trade or profession, or in any other lawful
1 enterprise in which individuals are gainfully employed;
2 including individuals employed by the Commonwealth or any of its
3 political subdivisions, including public bodies[: Provided,
4 however, That the term "employe" as used in this act shall not
5 apply to any person or persons who is or are subject to section
6 6 of the Federal Fair Labor Standards Act (Act of June 25, 1938,
7 as amended)].
8 * * *
9 (g) "Comparable" shall mean the monetary worth of one job in
10 a salary system in comparison to the worth of other jobs in that
11 system. Comparability shall be determined by a comparative
12 analysis of an objective evaluation of jobs within the salary
13 system using skill, effort, knowledge, mental demands, physical
14 demands, accountability, necessity, responsibility and work
15 conditions as factors for evaluating each job.
16 Section 3. Sections 3 and 5 of the act, amended July 31,
17 1968 (P.L.869, No.262), are amended to read:
18 Section 3. Wage Rates.--(a) No employer having employes
19 subject to any provisions of this section shall discriminate,
20 within any establishment in which such employes are employed,
21 between employes on the basis of sex by paying wages to employes
22 in equal or similar job classifications or situations in such
23 establishment at a rate less than or comparably less than the
24 rate at which he pays wages to employes of the opposite sex in
25 such establishment for equal or comparable work on jobs, the
26 performance of which, requires equal or similar skill, effort,
27 and responsibility, and which are performed under similar
28 working conditions, except where such disparity of payment is
29 made pursuant to (1) a seniority system; (2) a merit system; (3)
30 a system which measures earnings by quantity or quality of
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1 production; or (4) a differential based on any other factor
2 other than sex: Provided, That any employer who is paying a wage
3 rate differential in violation of this subsection shall not in
4 order to comply with the provisions of this subsection, reduce
5 the wage rate of any employe.
6 (b) No labor organization, or its agents, representing
7 employes of an employer having employes subject to any
8 provisions of this section, shall cause or attempt to cause such
9 an employer to discriminate against an employe in violation of
10 subsection (a) of this section.
11 Section 5. Collection of Unpaid Wages.--(a) An employer who
12 [wilfully and knowingly] violates the provisions of section 3 of
13 this act shall be liable to the employe or employes affected in
14 the amount of their unpaid wages and in addition, an equal
15 amount as liquidated damages. Action to recover such wages and
16 damages may be maintained in any court of competent jurisdiction
17 by any one or more employes for and in behalf of himself or
18 themselves and other employes similarly situated. Any agreement
19 between the employer and an employe to work for less than the
20 wage to which such employe is entitled under this act shall be
21 no defense to such action. The court in such action shall, in
22 addition to any wages and damages, allow a reasonable attorney's
23 fee and costs of the action to the plaintiff. At the request of
24 any employe paid less than the wage to which he is entitled
25 under this act, the Secretary of Labor and Industry may take an
26 assignment of such wage claim for collection and shall bring any
27 legal action necessary to collect such claim. The secretary
28 shall not be required to pay the filing fee or other costs in
29 connection with such action. The secretary shall have power to
30 join various claimants against the employer in one cause of
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1 action.
2 (b) Any action pursuant to the provisions of this act must
3 be brought within two years from the date upon which the
4 violation complained of occurs.
5 Section 4. The sum of $85,000 is hereby appropriated to the
6 Department of Labor and Industry for the fiscal year 1988-1989
7 for the purpose of enforcing the provisions of this act.
8 Section 5. This act shall take effect in 60 days.
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