05/11/2022 | Press release | Distributed by Public on 05/11/2022 08:44
Worker protection regulations will go into effect August 5
Harrisburg, PA- Pennsylvania Department of Labor & Industry (L&I) Secretary Jennifer Berrier announced today the publication in the Pennsylvania Bulletin of final-form regulations that change Pennsylvania's Minimum Wage Act rules by updating how employers pay tipped workers and ensuring that salaried employees with fluctuating schedules are appropriately compensated for overtime.
The Independent Regulatory Review Commission (IRRC) unanimously approved the final-form regulations on March 21, 2022. Attorney General Josh Shapiro's office also approved the regulations, which will go into effect on August 5.
"The world of work has changed significantly since these regulations first went into effect in 1977, but tipped workers remain a sizeable and critical segment of Pennsylvania's workforce. They are the only workers whose take-home pay ultimately depends on the generosity of their customers and not the obligation of their employer. This update to the Minimum Wage Act regulations aims to protect tipped workers in the 21st century and ensure consistency for employers," Berrier said.
L&I also plans to host webinars for business owners and other stakeholders to learn about the updated regulations and ask questions. The webinars are scheduled for 10 a.m. on Tuesday, July 12, and Tuesday, July 19. Information about how to register for the webinars will be posted to L&I's websiteOpens In A New Window.
The final-form regulation covers five primary areas for tipped workers, including:
This final-form regulation also updates the definition of "regular rate" for salaried employees whose overtime pay is determined by the fluctuating workweek method, clarifying that for the purpose of calculating overtime the regular rate is based on a 40-hour work week.
This regulatory proposal is part of Governor Wolf's broader worker protection agenda and the administration's commitment to fighting for workers to have fair wages, paid sick leave, safe workplaces, and quality jobs. The governor signed an executive order in October 2021 on behalf of Pennsylvania workers and has repeatedly called on the General Assembly to finally pass legislation that supports workers.
Governor Wolf has called on the General Assembly to pass S.B. 12, sponsored by Sen. Tina Tartaglione, or H.B. 345, sponsored by Rep. Patty Kim, to raise Pennsylvania's minimum wage to $12 an hour with a path to $15 and remove local pre-emption. The governor also supports the elimination of the $2.83 an hour minimum wage for tipped workers and establishment of one fair wage for all Pennsylvania workers.
MEDIA CONTACT: Alex Peterson, [email protected]
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