An Act providing for notification of wage theft and for protection for employees who report wage theft; imposing duties on the Department of Labor and Industry; establishing the Wage Theft Notification and Protection Restricted Account; and imposing penalties and other relief.

PRINTER'S NO. 459
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 487
Session of
2025
INTRODUCED BY HUGHES, KANE, TARTAGLIONE, L. WILLIAMS, SAVAL,
KEARNEY, HAYWOOD AND SANTARSIERO, MARCH 21, 2025
REFERRED TO LABOR AND INDUSTRY, MARCH 21, 2025
AN ACT
Providing for notification of wage theft and for protection for
employees who report wage theft; imposing duties on the
Department of Labor and Industry; establishing the Wage Theft
Notification and Protection Restricted Account; and imposing
penalties and other relief.
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 Wage Theft
Notification and Protection 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:
"Account." The Wage Theft Notification and Protection
Restricted Account established under section 8.
"Construction Workplace Misclassification Act." The act of
October 13, 2010 (P.L.506, No.72), known as the Construction
Workplace Misclassification Act.
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"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee." As the term "employe" is defined in section 3 of
The Minimum Wage Act.
"Employer." An employer as defined in any of the following:
(1) The Wage Payment and Collection Law.
(2) The Minimum Wage Act.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth or a designee.
"The Minimum Wage Act." The act of January 17, 1968 (P.L.11,
No.5), known as The Minimum Wage Act of 1968.
"Wage Payment and Collection Law." The act of July 14, 1961
(P.L.637, No.329), known as the Wage Payment and Collection Law.
"Wage theft." The failure to pay, withholding or
deprivation, including the aiding thereof, of wages, gratuities,
benefits or other compensation, lawfully due to an employee
under the Wage Payment and Collection Law, The Minimum Wage Act,
the Construction Workplace Misclassification Act or other State
law regulating wages, gratuities, benefits or other compensation
lawfully due to employees.
Section 3. Notice.
(a) Summary.--The department shall develop and make
available to employers on the department's publicly accessible
Internet website a plain language, easy-to-understand summary on
wage theft. The department shall furnish, on request by an
employer, a copy of the summary without charging a fee. The
summary shall include:
(1) Examples of wage theft.
(2) Citations to State law applicable to the examples.
(3) Remedies and penalties applicable to the examples of
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wage theft.
(4) A statement indicating that wage theft is not
limited to the examples and how to access information on
other types of violations.
(5) Information indicating how to report wage theft and
limitations for filing a complaint.
(6) A statement of employee protections for reporting
wage theft and participating in a related investigation.
(7) A reference to the requirements, penalties and
protections established under this act.
(8) Any other information deemed necessary by the
department.
(b) Notice of summary.--An employer shall provide notice to
its employees no later than 90 days from the effective date of
this section or at the time of hiring, of the summary under
subsection (a).
Section 4. Additional notice requirements.
(a) Additional requirements.--An employer shall:
(1) post the summary described under section 3(a) at the
workplace in a conspicuous place where employees normally
pass and can read it; or
(2) make the summary continuously available to employees
through a website, intranet, mobile application or other
electronic or Internet service regularly used by the employer
to communicate with employees. The employer shall notify each
employee that the notice is available electronically,
including how to access it.
(b) Updates to information.--The department shall update as
necessary the summary described under section 3(a) and post the
updated summary on its publicly accessible Internet website in
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downloadable format. An employer shall, within 120 days of the
date on which the department posts the updated summary on its
publicly accessible Internet website, update the notices
required under subsection (a) and section 3(a).
Section 5. Criminal penalties.
An employer that fails to provide notice to an employee as
required under section 3(a), fails to comply with the
requirements of section 4(a) and (b) or is found to be in
violation of section 7(a) when a criminal penalty for the
violation is not provided for under existing State law or
regulation, commits a summary offense and, upon conviction,
shall be sentenced to pay a fine of not more than $500.
Section 6. Administrative penalties and civil enforcement.
(a) Penalties.--If the secretary finds that an employer has
violated this act and an administrative penalty for the
violation is not provided for under existing State law or
regulation, the secretary may assess and collect a civil penalty
of not more than $500 per violation.
(b) Factors to be considered.--When determining the amount
of the penalty to be imposed, the secretary shall consider
factors, including, but not limited to:
(1) The history of previous violations.
(2) The good faith of the employer.
(3) The size of the employer's business.
(c) Use of penalty funds.--Penalties collected under this
section shall be paid into the account.
(d) Enforcement proceedings.--The secretary may enforce this
act in an enforcement proceeding authorized by and brought under
The Minimum Wage Act, the Wage Payment and Collection Law, the
Construction Workplace Misclassification Act or other State law
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regulating wages, gratuities, benefits or other compensation
lawfully due to employees.
Section 7. Retaliation prohibited.
(a) Prohibition.--It shall be unlawful for an employer or
officer or agent of an employer to take adverse action against a
person in retaliation for exercising rights protected under this
act, The Minimum Wage Act, the Wage Payment and Collection Law,
the Construction Workplace Misclassification Act or other State
law regulating wages, gratuities, benefits or other compensation
lawfully due to employees. Rights protected under this section
include, but are not limited to, the right to file a complaint,
participate in an investigation or to inform any person about
the provisions of, or an employer's noncompliance with, this
act, The Minimum Wage Act, the Wage Payment and Collection Law,
the Construction Workplace Misclassification Act or other State
law regulating wages, gratuities, benefits or other compensation
lawfully due to employees.
(b) Rebuttable presumption.--Adverse action against a person
within 90 days of the person's exercise of a right protected
under this act, The Minimum Wage Act, the Wage Payment and
Collection Law, the Construction Workplace Misclassification Act
or other State law regulating wages, gratuities, benefits or
other compensation lawfully due to employees, shall raise a
rebuttable presumption of having done so in retaliation for the
exercise of the right.
(c) Relief authorized.--The secretary may order any relief
necessary to make an employee whole for retaliation, including,
but not limited to, payment of lost wages and benefits,
reinstatement or other equitable relief.
Section 8. Wage Theft Notification and Protection Restricted
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Account.
The Wage Theft Notification and Protection Restricted Account
is established as a restricted account within the General Fund.
The money in the account is appropriated to the department on a
continuing basis for the purposes of administering this act, The
Minimum Wage Act, the Wage Payment and Collection Law, the
Construction Workplace Misclassification Act or other State law
regulating wages, gratuities, benefits or other compensation
lawfully due to employees.
Section 9. Report.
By July 31, 2028, and every year thereafter, the department
shall submit a report to the chairperson and minority
chairperson of the Labor and Industry Committee of the Senate
and the chairperson and minority chairperson of the Labor and
Industry Committee of the House of Representatives. The report
shall be posted on the department's publicly accessible Internet
website. The report shall contain information on violations
under this act from the preceding calendar year. The report
shall also contain information on wage theft violations from the
preceding calendar year, including:
(1) The total number of violations.
(2) A listing of employers classified by the nature of
the violations and business industry.
(3) A brief description of the violations for the
employers listed.
(4) The total number of workers impacted under each
violation classification.
(5) The total amount of wages and tax revenue unlawfully
withheld from the violations.
(6) A listing of other forms of compensation unlawfully
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withheld from the violations.
(7) A summary of enforcement actions collectively taken
in response to the violations.
(8) Other information deemed necessary by the
department.
Section 10. Effective date.
This act shall take effect in four months.
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