PRINTER'S NO. 2871
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2003
Session of
2018
INTRODUCED BY D. COSTA, READSHAW, SCHLOSSBERG, KAUFER,
J. McNEILL, ENGLISH, KAVULICH, THOMAS, DRISCOLL, JAMES,
DUNBAR, HILL-EVANS, WARNER, CALTAGIRONE, NEILSON, JOZWIAK,
W. KELLER, M. QUINN AND SCHWEYER, JANUARY 9, 2018
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 9, 2018
AN ACT
Amending the act of July 14, 1961 (P.L.637, No.329), entitled
"An act relating to the payment of wages or compensation for
labor or services; providing for regular pay days; conferring
powers and duties upon the Department of Labor and Industry,
including powers and duties with respect to the civil
collection of wages; providing civil and criminal penalties
for violations of the act; providing for their collection and
disposition and providing for additional civil damages,"
further providing for definitions; and providing for
gratuities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2.1 of the act of July 14, 1961 (P.L.637,
No.329), known as the Wage Payment and Collection Law, is
amended by adding a definition to read:
Section 2.1. Definitions.--The following words and phrases
when used in this act shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Gratuity." A voluntary, monetary contribution received by
an employe from a guest, patron or customer for services
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rendered.
* * *
Section 2. The act is amended by adding a section to read:
Section 3.1. Gratuities.--(a) A gratuity is the sole
property of the employe to whom it is paid, given or left. An
employer may not take a gratuity or a part of a gratuity that is
paid, given to or left for an employe by a patron or require an
employe to credit the gratuity against the wages due the employe
from the employer.
(b) An employer that permits patrons to pay gratuities by
credit card shall pay the employes the full amount of the
gratuity that the patron indicated on the credit card slip,
without a deduction for any credit card payment processing fees
or costs that may be charged to the employer by the credit card
company. Payment of gratuities made by patrons using credit
cards shall be made to the employes not later than the next
regular payday following the date the patron authorized the
credit card payment.
Section 3. This act shall take effect in 60 days.
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