PRINTER'S NO. 453 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.470 Session of 2025 INTRODUCED BY HOWARD, KHAN, PIELLI, HILL-EVANS, WAXMAN, FIEDLER, FREEMAN, SCHLOSSBERG, GIRAL, KENYATTA, MAYES, CERRATO, SANCHEZ AND DONAHUE, FEBRUARY 4, 2025 REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 4, 2025 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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 that engages the services of 15 or more employees 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) Requirement.--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) Applicability 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. 20250HB0470PN0453 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (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) Administrative penalty.--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 20250HB0470PN0453 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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. 20250HB0470PN0453 - 4 - 1 2 3 4 5 6 7