PRINTER'S NO. 2422
No. 1915 Session of 1997
INTRODUCED BY LYNCH, E. Z. TAYLOR, HENNESSEY, HERMAN, BROWNE, ALLEN, EGOLF, FAIRCHILD, OLASZ, WALKO, SEYFERT, YOUNGBLOOD, RAMOS, ROSS, SAYLOR, WASHINGTON, MELIO, LAUGHLIN, LEH, CIVERA, BELARDI, DALEY, BOSCOLA, PESCI, STEELMAN, TIGUE, ROBERTS, READSHAW, DeLUCA, CLARK, BELFANTI, SATHER, SHANER, SURRA AND TRELLO, OCTOBER 14, 1997
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 14, 1997
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, providing for the 3 protection of employment of witnesses under subpoena. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 42 of the Pennsylvania Consolidated 7 Statutes is amended by adding a section to read: 8 § 5906. Protection of employment of witnesses under subpoena. 9 (a) General rule.--An employer shall not deprive an employee 10 of the employee's employment, seniority position or benefits, or 11 threaten or otherwise coerce the employee with respect thereto, 12 because the employee receives a summons, responds to it and 13 either appears as a witness or attends court as a prospective 14 witness. Nothing in this section shall be construed to require 15 the employer to compensate the employee for employment time lost 16 because of an appearance as a witness or as a prospective
1 witness. 2 (b) Penalty.--Any employer who violates subsection (a) 3 commits a summary offense. 4 (c) Civil remedy available.--If an employer penalizes an 5 employee in violation of subsection (a) the employee may bring a 6 civil action for recovery of wages and benefits lost as a result 7 of the violation and for an order requiring the reinstatement of 8 the employee. Damages recoverable shall not exceed wages and 9 benefits actually lost. If the employee prevails, the employee 10 shall be allowed reasonable attorney fees fixed by the court. 11 (d) Exception.--Subsection (a) shall not apply to any 12 employer in any retail or service industry employing fewer than 13 15 persons or any employer in any manufacturing industry 14 employing fewer than 40 persons. 15 (e) Right to excuse.--Any individual not entitled to 16 reemployment under subsection (a) shall, upon request to the 17 court, be excused from jury service. 18 Section 2. This act shall take effect in 60 days. H14L42DMS/19970H1915B2422 - 2 -