PRINTER'S NO. 3189
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2356
Session of
2024
INTRODUCED BY HOWARD, SANCHEZ, SCHLOSSBERG, MADDEN, PROBST,
KHAN, MAYES, HADDOCK, CERRATO, DELLOSO, HILL-EVANS, OTTEN,
DALEY, GREEN AND KRAJEWSKI, MAY 29, 2024
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MAY 29, 2024
AN ACT
Providing for meal breaks or rest periods for employees; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Paid Rest
Period for Workers Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Employee." An individual who works part time or full time
for an employer or who is under the direction of an employer or
a subcontractor of the employer for wages, salary or
remuneration of any type under contract or subcontract of
employment.
"Employer." Any person, including an agent of the person,
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that engages the services of an employee for wages, remuneration
or other compensation.
"Meal break or rest period." A period of time in which an
employee is permitted to eat lunch or another meal or engage in
permitted personal activities and that serves a different
purpose than a coffee break, snack break or water break.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth.
Section 3. Meal break or rest period required.
(a) General rule.--An employee working in this Commonwealth
may not be required to work five or more consecutive hours at
one time without the employee being given the opportunity to
take at least 30 consecutive minutes for a meal break or rest
period.
(b) Paid meal breaks or rest periods.--A meal break or rest
period required under this act shall be paid and deemed time
worked under the act of January 17, 1968 (P.L.11, No.5), known
as The Minimum Wage Act of 1968, for the full duration of the
meal break or rest period.
Section 4. Exemptions.
(a) Application to collective bargaining agreements.--This
act shall not apply to employees covered by a collective
bargaining agreement that specifically addresses meal breaks or
rest periods if the collective bargaining agreement provides the
same or better rights, protections and benefits that are
provided to employees under this act.
(b) Emergencies at work place.--A meal break or rest period
may not be required in cases of an emergency when there is a
danger to property, public safety or public health.
Section 5. Investigations.
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(a) Authorization.--If the secretary receives information
indicating that this act may have been violated, the secretary
may investigate the matter.
(b) Permitted actions.--The secretary may take any of the
following actions:
(1) Enter and inspect a worksite or place of business at
any reasonable time to examine and inspect records that
relate to the compliance of this act.
(2) Subpoena witnesses, administer oaths, examine
witnesses and copy or compel the production of records,
contracts and other documents that are necessary and
appropriate to the enforcement of this act.
(3) Petition the Commonwealth Court to enforce any
subpoena or order issued by the Department of Labor and
Industry.
Section 6. Penalties.
(a) General rule.--An employer who violates this act shall
be subject to an administrative penalty of not less than $100
and not more than $500 per violation. For the purposes of this
section, the following shall apply:
(1) Each employee that is affected by a violation of
this act shall constitute a separate violation.
(2) Each meal break or rest period that an employer
remains in violation of this act shall constitute a new and
separate violation.
(b) Other relief.--In addition to penalties provided under
this section, the secretary shall be permitted to seek other
relief, including injunctive relief and costs, reasonable
attorney fees and investigation costs.
(c) Lost wages.--If an affected employee was denied a paid
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meal break or rest period required under section 3, the
secretary may recover the employee's lost wages on behalf of the
employee. If the secretary recovers lost wages under this
subsection, the secretary shall transfer any recovery of lost
wages to the employee.
Section 7. Effective date.
This act shall take effect in 90 days.
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