PRINTER'S NO. 366
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.413
Session of
2025
INTRODUCED BY BAKER, CULVER, J. WARD AND MARTIN, MARCH 10, 2025
REFERRED TO LABOR AND INDUSTRY, MARCH 10, 2025
AN ACT
Providing for statutory construction of Pennsylvania wage and
hour laws.
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 Statutory
Construction of Wage and Hour Laws Act.
Section 2. Declaration of purpose.
The General Assembly finds and declares as follows:
(1) Many employers in this Commonwealth are subject to
dual coverage under the Fair Labor Standards Act of 1938 (29
U.S.C. Ch. 8) and the act of January 17, 1968 (P.L.11, No.5),
known as The Minimum Wage Act of 1968.
(2) The Congress of the United States and the United
States Department of Labor have a robust history of amending
and revising the Fair Labor Standards Act of 1938 and its
implementing regulations and interpretive guidance, including
29 U.S.C. Ch. 9 (relating to portal-to-portal pay) and 29 CFR
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18 Pt. 541 (relating to defining and delimiting the exemptions
for executive, administrative, professional, computer and
outside sales employees).
(3) The General Assembly seeks to avoid, to the greatest
extent possible and consistent with the public policy of the
Commonwealth, the burdening of employers and employees with
two different sets of Federal and State standards.
(4) As a result of the General Assembly and the
Department of Labor and Industry of the Commonwealth failing
to update in accordance with the amendments and revisions to
the Fair Labor Standards Act of 1938 and its implementing
regulations and interpretive guidance, unintended
discrepancies have arisen between Federal and State law.
(5) The discrepancies between Federal and State law have
caused confusion for employers and employees and have
resulted in instances in which good faith compliance with
Federal law has nonetheless been deemed to be in violation of
State law.
Section 3. Construction of The Minimum Wage Act of 1968.
(a) In pari materia with Federal law.--T he act of January
17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968,
shall be construed in pari materia with 29 U.S.C. Ch. 9
(relating to portal-to-portal pay) and sections 7 and 13 and the
other provisions of the Fair Labor Standards Act of 1938 (29
U.S.C. Ch. 8), including regulations in effect on or after the
effective date of this section.
(b) Tipped employee wage.--
(1) The minimum cash wage for tipped employees shall be
$2.83 per hour. If the minimum cash wage for tipped employees
specified in the Fair Labor Standards Act of 1938 is
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30 increased above the minimum cash wage required under this
section, the minimum cash wage required under this section
shall be increased by the same amounts and effective the same
date as the increases under the Fair Labor Standards Act of
1938.
(2) The Secretary of Labor and Industry shall transmit
notice to the Legislative Reference Bureau for publication in
the next available issue of the Pennsylvania Bulletin of any
increase to the minimum cash wage as provided by this
subsection.
Section 4. Construction of this act.
Nothing in this act shall be construed to:
(1) modify or repeal the act of October 9, 2008
(P.L.1376, No.102), known as the Prohibition of Excessive
Overtime in Health Care Act; or
(2) preempt Federal law or to otherwise excuse
noncompliance with any Federal law establishing a higher
standard than the standard established under the act of
January 17, 1968 (P.L.11, No.5), known as The Minimum Wage
Act of 1968.
Section 5. Repeals.
All acts and parts of acts are repealed insofar as they are
inconsistent with this act.
Section 6. Abrogation of regulations.
All regulations and parts of regulations are abrogated
insofar as they are inconsistent with this act.
Section 7. Effective date.
This act shall take effect in 30 days.
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