An Act amending the act of January 17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968, further providing for minimum wages, for exemptions and for duty of employer.

PRINTER'S NO. 1315
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1093
Session of
2025
INTRODUCED BY LAUGHLIN, PENNYCUICK AND VOGEL, NOVEMBER 17, 2025
REFERRED TO LABOR AND INDUSTRY, NOVEMBER 17, 2025
AN ACT
Amending the act of January 17, 1968 (P.L.11, No.5), entitled
"An act establishing a fixed minimum wage and overtime rates
for employes, with certain exceptions; providing for minimum
rates for learners and apprentices; creating a Minimum Wage
Advisory Board and defining its powers and duties; conferring
powers and imposing duties upon the Department of Labor and
Industry; imposing duties on employers; and providing
penalties," further providing for minimum wages, for
exemptions and for duty of employer.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4(b) and (c) of the act of January 17,
1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968, are
amended, subsection (a) is amended by adding paragraphs and the
section is amended by adding a subsection to read:
Section 4. Minimum Wages.--Except as may otherwise be
provided under this act:
(a) Every employer shall pay to each of his or her employes
wages for all hours worked at a rate of not less than:
* * *
(9) Nine dollars ($9.00) an hour beginning January 1, 2026.
(10) Ten dollars ($10.00) an hour beginning January 1, 2027.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
(11) Eleven dollars ($11.00) an hour beginning January 1,
2028.
* * *
(b) The [secretary, to the extent necessary to prevent
curtailment of employment opportunities, shall by regulations
provide for the employment of] minimum wage rate for learners
and students, [under special certificates at wages lower than
the minimum wage applicable under this section, and subject to
such limitations as to number, proportion and length of service
as the secretary shall prescribe: Provided, That the minimum
wage prescribed under this subsection (b)] as those terms are
defined in 34 Pa. Code § 231.1 (relating to definitions), shall
[not] be [less than] eighty-five percent of the otherwise
applicable wage rate in effect under section 4[. A special
certificate issued under this subsection shall provide that for
six or less students for whom it is issued shall]: Provided,
That for students, this subsection shall only apply to students
who are less than twenty years old and who, except during
vacation periods, [be] are employed on a part-time basis and not
in excess of twenty hours in any workweek at a sub-minimum rate.
[In the case of an employer who intends to employ seven or
more students, at a sub-minimum rate, the secretary may issue a
special certificate only if the employer certifies to the
secretary that employment of such students will not create a
substantial probability of reducing the full-time employment
opportunities for other workers.]
(c) Employes shall be paid for overtime not less than one
and one-half times the employe's regular rate [as prescribed in
regulations promulgated by the secretary] or basic rate in a
manner consistent with 29 CFR Pts. 548 (relating to
20250SB1093PN1315 - 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
authorization of established basic rates for computing overtime
pay) and 778 (relating to overtime compensation) as of June 1,
2025: Provided, That students employed in seasonal occupations
as defined and delimited by regulations promulgated by the
secretary may, by such regulations, be excluded from the
overtime provisions of this act: And provided further, That the
secretary shall promulgate regulations with respect to overtime
subject to the limitations that no pay for overtime in addition
to the regular rate shall be required except for hours in excess
of forty hours in a workweek. An employer shall not be in
violation of this subsection if the employer is entitled to
utilize, and acts consistently with, section 7(j) of the Fair
Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 207(j))
and regulations promulgated under that provision.
* * *
(f) An employer's obligation to compensate an employe, at
minimum wage or overtime rates, for hours worked shall be
interpreted in pari materia with the Fair Labor Standards Act
(29 U.S.C. Ch.8) and section 4 of the Portal-to-Portal Act of
1947 (29 U.S.C. § 254), as amended, and Federal regulations
promulgated thereunder, including under 29 CFR Pt. 785 (relating
to hours worked), as of June 1, 2025.
Section 2. Section 5(a)(5) and (12) and (c) of the act are
amended and subsection (a) is amended by adding a paragraph to
read:
Section 5. Exemptions.--(a) Employment in the following
classifications shall be exempt from both the minimum wage and
overtime provisions of this act:
* * *
(5) In a bona fide executive, administrative, or
20250SB1093PN1315 - 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
professional capacity (including any employe employed in the
capacity of academic administrative personnel or teacher in
elementary or secondary schools) or in the capacity of outside
salesman [(as], as such terms are defined and delimited [from
time to time by regulations of the secretary, except that an
employe of a retail or service establishment shall not be
excluded from the definition of employe employed in a bona fide
executive or administrative capacity because of the number of
hours in his or her workweek which he or she devotes to
activities not directly or closely related to the performance of
executive administrative activities, if less than forty percent
of his or her hours worked in the workweek are devoted to such
activities);] in 29 CFR Pt. 541 (relating to defining and
delimiting the exemptions for executive, administrative,
professional, computer and outside sales employees) as of June
1, 2025, except that as of June 1, 2025, the secretary may
further define and delimit the terms by regulation;
* * *
(12) Employes not subject to civil service laws who hold
elective office or are on the personal staff of such an
officeholder, are immediate advisers to him or her, or are
appointed by him or her to serve on a policy-making level[.];
(13) Employes who have entered into a contract to play
baseball at the minor league level and who are compensated
pursuant to the terms of a collective bargaining agreement that
expressly provides for the wages and working conditions of the
employes.
* * *
[(c) (1) Notwithstanding the provisions of section 4(a)(7)
and (8), an employer unless otherwise exempt from the minimum
20250SB1093PN1315 - 4 -
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
wage provisions of section 4(a)(6) whose employe complement is
composed of the equivalent of ten or less full-time employes to
be calculated on a forty-hour workweek shall pay:
(i) Five dollars sixty-five cents ($5.65) an hour beginning
January 1, 2007.
(ii) Six dollars sixty-five cents ($6.65) an hour beginning
July 1, 2007.
(2) Such employer shall pay the full amount of the minimum
wage under section 4(a)(8) beginning July 1, 2008.]
Section 3. Section 8 of the act is amended to read:
Section 8. Duty of Employer.--Every employer of employes
shall keep a true and accurate record of the hours worked by
each employe and the wages paid to each, and shall furnish to
the secretary or his or her duly authorized representative, upon
demand, a sworn statement of the same. Such records shall be
open to inspection by any duly authorized representative of the
secretary at any reasonable time and shall be preserved for a
period of three years. Every employer subject to this act shall
keep a summary of this act and any regulations issued thereunder
applicable to him or her, posted in a conspicuous place where
employes normally pass and can read it. Employers shall, upon
request, be furnished copies of such summaries without charge.
Employers shall permit any duly authorized representative of the
secretary to interrogate any employe in the place of employment
and during work hours with respect to the wages paid to and the
hours worked by such employe or other employes. This section
shall not apply to an employe who has entered into a contract to
play baseball at the minor league level and who is compensated
pursuant to the terms of a collective bargaining agreement that
expressly provides for the wages and working conditions of the
20250SB1093PN1315 - 5 -
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
employe.
Section 4. This act shall take effect in 60 days.
20250SB1093PN1315 - 6 -
1
2