reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter E - PREVAILING REGULATIONS › Section 9.101 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every
				  contract to which the Commonwealth, its political subdivisions, an authority
				  created by the General Assembly of the Commonwealth including authorities
				  created under the Municipality Authorities Act of 1945 (53 P. S.
				  §§
											301-401) and instrumentalities
				  or agencies of the Commonwealth is a party, for construction, reconstruction,
				  demolition, alteration or repair work other than maintenance work where the
				  estimated cost of the total project is in excess of $25,000, which requires or
				  involves the employment by a contractor or subcontractor of laborers,
				  mechanics, skilled and semi-skilled laborers and apprentices in the performance
				  of services directly upon the public work project shall include in its
				  specifications a provision stating the general prevailing minimum wage rates as
				  determined by the Secretary which shall be paid for each craft or
				  classification of workmen needed to perform the contract during the anticipated
				  term thereof in the locality in which the public work is performed.
(b) Every person paid by a contractor or a
				  subcontractor in any manner for his labor in the construction, reconstruction,
				  demolition, alteration or repair work other than maintenance work done under
				  contract and paid for in whole or in part out of the funds of a public body
				  except work performed under a rehabilitation program or manpower training
				  programs is "employed" and "receiving wages."
(c) These regulations do not apply to a
				  public works contracts subject to the Walsh-Healey Act (41 U.S.C.A. §§
											35-45) or section 1 of the
				  Davis-Bacon Act (40 U.S.C.A.
				  §
											276(a)).
(d) Work performed under a rehabilitation
				  program arranged by and at a State institution primarily for teaching and
				  up-grading the skills and employment opportunities of the inmates of the
				  institution is not to be considered public work performed by a public body as
				  defined in the act and this Subchapter.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter E - PREVAILING REGULATIONS › Section 9.104 - Duty of the public body

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is
				  the duty of the public body awarding a contract for public work to request the
				  Secretary for determination of the general prevailing minimum wage rates to be
				  paid workmen on the public work project. The request shall be made on forms
				  issued for the purpose by the Department. A new request for predetermination
				  shall be made if the contract is not awarded within 120 days from the
				  determination date.
(b) It is the
				  duty of the public body to enforce the posting of wage rate determinations in
				  accordance with the provisions of section 9 of the act (43 P. S. §
											165-9) and §
										9.108 (relating to posting of wage
				  rates). The fiscal officer of the public body, the treasurer or other officer
				  of the public body, charged with the custody and disbursement of the funds of
				  the public body, shall ascertain that the wage rates as determined by the
				  Secretary are paid and that the job classifications are maintained, otherwise
				  it is his duty to hold up final payment and to inform the Secretary of the
				  failure by the contractor or a subcontractor to comply with the act.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter E - PREVAILING REGULATIONS › Section 9.105 - Determination of classification and general prevailing minimum wage rates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For the purpose
				  of making a determination of the general prevailing minimum wage rates in the
				  locality in which the public work is to be performed for each craft or
				  classification during the anticipated term of the contract, the Secretary may
				  ascertain and consider the wage rates and employee benefits established by
				  collective bargaining agreements.
(b) If a bona fide collective bargaining
				  agreement has expired by the terms thereof, the Secretary may ascertain and
				  consider the wage rates and employee benefits established thereby until a new
				  bona fide collective bargaining agreement, as defined in §
										9.102 (relating to definitions),
				  has been executed.
(c) The
				  Secretary may also consider the following:
(1)
				  Information obtained from Federal agencies charged with the administration of
				  labor standards provisions of Federal acts applicable to contracts covering
				  contractors and subcontractors on public building and public work and on
				  building and work financed in whole or in part by loans and grants of the
				  United States, within the locality.
(2) The number of skilled, competent and
				  experienced workmen within the locality who are generally available for
				  employment on public work.
(3)
				  Statements signed and certified by contractors and subcontractors and union
				  representatives showing wage rates paid on projects, within the locality. These
				  statements to be relevant to a wage determination shall indicate the names and
				  addresses of the contractors, including the subcontractors, the locations,
				  approximate cost, dates of construction and type of projects, the number of
				  workmen employed and the number of man hours worked in each craft or
				  classification on each project and the respective wage rates paid the workmen,
				  which wage rates shall consist only of rates paid for services performed solely
				  within the classification for which it is submitted.
(4) Other information pertinent to the
				  determination of prevailing minimum wage rates.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter E - PREVAILING REGULATIONS › Section 9.106 - Payment of general prevailing minimum wage rates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Not less than the general prevailing
				  minimum wage rates determined by the Secretary under the act and this
				  subchapter may be paid unconditionally, by contractors and subcontractors to
				  workmen in their respective crafts and classifications on public work and the
				  workmen can not be required to refund, directly or indirectly, part of the
				  wages. It is no defense that workmen accepted or agreed to accept less than the
				  required rate of wages or voluntarily made refunds, in any form or
				  manner.
(b) Wages shall be paid
				  without deductions except authorized deductions. Employers not parties to a
				  contract requiring contributions for employee benefits which the Secretary has
				  determined to be included in the general prevailing minimum wage rate shall pay
				  the monetary equivalent thereof directly to the workmen.
(c) Payment of compensation to workmen for
				  work performed on public work on a lump sum basis or a piece work system or a
				  price certain for the completion of certain amount of work or the production of
				  a certain result shall be deemed a violation of the act and this subchapter,
				  regardless of the average hourly earnings resulting therefrom.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter E - PREVAILING REGULATIONS › Section 9.107 - Petition for review of rates and hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A prospective bidder or his
				  representative, a representative of a group of employers engaged in the
				  particular type of construction, reconstruction, demolition, alteration or
				  repair work, a representative of a craft or classification of workmen or the
				  public body affected by the determination made by the Secretary, may on
				  verified petition request a review of this determination in accordance with the
				  procedures required by section 8 of the act (43 P. S. §
											165-8).
(b) The Secretary will, after notice and
				  hearing as prescribed by section 8 of the act, make a final determination of
				  the general prevailing minimum wage rates to be paid to workmen on the public
				  work project. The public body when notified by the Secretary that a verified
				  petition has been filed shall extend the closing date for the submission of
				  bids until 5 days after the Secretary's final determination. Within 10 days
				  after hearing the Secretary will make a determination and transmit it in
				  writing to the public body and to the interested parties. This determination
				  shall be final unless within 10 days an appeal is filed with the Appeals
				  Board.
(c) If, after a contract has
				  been awarded, it is deemed advisable by the public body because of unforeseen
				  construction development to list an additional classification and wage rate
				  therefor the public body shall request, in writing, a determination thereof by
				  the Secretary. A copy of this request shall be given to interested parties and
				  shall also be posted at an appropriate place at the site of the public work
				  project. The Secretary will thereupon give consideration to therequest and if
				  he determines that the additional classification requested is necessary, he
				  will determine the classification and wage rate therefor and notify the
				  interested parties of his determination, which shall be effective as of the
				  date on which it is made. Additional classifications shall be made in
				  conformity with this procedure.
This section cited in 34 Pa. Code §
												9.103 (relating to required
						provisions).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter E - PREVAILING REGULATIONS › Section 9.108 - Posting of wage rates

Current through Register Vol. 54, No. 28, July 13, 2024
The contractors and subcontractors on the public work
					 project shall post a notice or notices in the manner and form prescribed by
					 §
										9.103 (relating to required
					 provisions). This notice is to be clearly legible and placed in a prominent and
					 easily accessible place at the site of the public work project and at places
					 used by them to pay workmen their wages.
This section cited in 34 Pa. Code §
												9.104 (relating to duty of the
						public body).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter E - PREVAILING REGULATIONS › Section 9.109 - Records and inspection

Current through Register Vol. 54, No. 28, July 13, 2024
The accurate record of employment and wage payments
					 required to be kept and preserved by contractors and subcontractors on public
					 work shall include at least the following information:
(1) The name, address and social security
				  number of each workman.
(2) The
				  craft, if applicable, the classification within each craft, and any other
				  classification including apprenticeship, at which the workman worked. These
				  records shall show the number of hours in each day, specified by actual
				  calendar date, during which each workman worked and if he worked in more than
				  one craft or classification for which different rates were payable the records
				  shall show the number of hours in each day as aforesaid in which he worked at
				  the different crafts or classifications. Time cards of employes shall be kept
				  and preserved as records required by the act and this subchapter. In addition,
				  the original signed indentures for each apprentice and the approvals of the
				  Pennsylvania Apprenticeship and Training Council shall be kept. The records
				  shall be preserved for 2 years from date of payment and shall be open at all
				  reasonable hours for inspection by the public body awarding the contract and by
				  the Secretary, and shall be made easily accessible within this Commonwealth
				  within a period of 7 days from the date on which the Secretary requests in
				  writing that these records be made so available.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter E - PREVAILING REGULATIONS › Section 9.110 - Certification of rate of wage and payment by contractor or subcontractor

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is the duty
				  of the treasurer or other officer charged with the custody and disbursement of
				  public funds applicable to the public work contract under and pursuant to which
				  payment is made, to require the contractor and subcontractor to file a
				  statement each week and a final statement at the conclusion of the work on the
				  contract with the contracting agency under oath in form satisfactory to the
				  Secretary certifying that workmen have been paid wages in strict conformity
				  with the contract as prescribed by §
										9.103(7)
				  (relating to required provisions) or if wages remain unpaid to set forth the
				  amount of wages due and owing to each workman respectively.
(b) It is the duty of the treasurer or other
				  officer charged with the custody and disbursement of public funds to withhold
				  the amount of wages unpaid or not paid in accordance with §
										9.103 for the benefit of the
				  workman whose wages have not been paid by the contractor and he may pay
				  directly to a workman the amount shown to be due him. Each contractor and
				  subcontractor shall also certify that he is not receiving or requiring, or will
				  not receive or require, directly or indirectly, from a workman a refund of the
				  minimum wage.
(c) A contractor or
				  subcontractor who shall, under oath, verify the statements required to be filed
				  under section 10 of the act (43 P. S. §
											165-10) which are known to him to be false,
				  shall be guilty of a misdemeanor, and shall, upon conviction, be sentenced to
				  pay a fine of not exceeding $2,500 or to undergo imprisonment not exceeding 5
				  years, or both.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter E - PREVAILING REGULATIONS › Section 9.111 - Remedies and penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is
				  the duty of the Secretary where a timely protest has been filed by a workman
				  that he has been paid less than the general prevailing minimum wage rate, to
				  investigate the matter and determine whether or not there has been a failure to
				  pay the general prevailing minimum wage rate and whether this failure was
				  intentional or otherwise. The Secretary will hold appropriate hearings upon due
				  notice to interested parties including the workman, the employer and their
				  respective representatives, if any. If the Secretary, after hearing, has
				  determined that the failure to pay the general prevailing minimum wage rate was
				  not intentional he shall afford the person or firm a reasonable opportunity to
				  adjust the matter by making payment to the workmen or providing adequate
				  security to insure payment. If the Secretary determines that the failure to pay
				  the general prevailing minimum wage rates intentional, he will thereupon notify
				  the public bodies of the names of the persons or firms and no contract may be
				  awarded to the person or firms or to a firm, corporation or partnership in
				  which the person or firms have an interest until 3 years have elapsed from the
				  date of the notice to the public bodies. The Secretary may, in addition
				  thereto, request the Attorney General to proceed to recover the penalties for
				  the Commonwealth of Pennsylvania which are payable under section 11(f) of the
				  act (43 P. S.
				  16511(f).
(b) The following constitutes substantial
				  evidence of intentional failure to pay prevailing wage rates:
(1) Acts of omission or commission done
				  willfully or with a knowing disregard of the rights of workmen resulting in the
				  payment of less than prevailing wage rates.
(2) If the Secretary has made a finding that
				  a person or firm has failed to pay the general prevailing minimum wage rate as
				  determined by the Secretary in accordance with the act, and thereafter a person
				  or firm continues to fail to pay the prevailing wages or a person or firm fails
				  to comply with an opportunity to adjust differences which shall be afforded him
				  by the Secretary.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter E - PREVAILING REGULATIONS › Section 9.112 - Workmen's rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A workman
				  who has been paid less than the general prevailing minimum wage rate for his
				  job classification as specified in the contract or who has not been paid, may
				  file a protest, in writing with the Secretary within 3 months of the date of
				  the occurrence, objecting to the payment to a contractor to the extent of the
				  amount due or to become due to him as wages for work performed on the public
				  work project. If the formal protest is filed with the Secretary, it is the duty
				  of the Secretary to direct the fiscal or financial officer of the public body
				  or the person charged with the custody of the disbursement of the funds of the
				  public body, to deduct the money so due and owing from the whole amount or of
				  any payment due the contractor.
(b)
				  Any workmen paid less than the rates specified in the contract shall have a
				  right of action for the difference between the wage paid and the wages
				  stipulated in the contract, which right of action must be exercised within 6
				  months from the occurrence of the event creating the right.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter F - CONTRACTS FOR COMMONWEALTH PRINTING › Section 9.201 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings unless the context clearly indicates
					 otherwise:
Act
-The act of August 21, 1961 (P. L.
					 1014, No. 455) (71 P. S. (§§ 1654-1656).
Bidder
-Any person who or business entity
					 which submits a bid for a contract for printing to the Commonwealth or any
					 department, board, commission, or agency thereof.
Classification
-The specific categories of
					 jobs which are performed within a craft.
Contractor
-Any person who or business
					 entity which enters into a contract for printing with the Commonwealth or any
					 department, board, commission, or agency thereof.
Craft
-The special skills and trades which
					 are recognized as such by custom and usage in the printing industry.
Locality
-An economically integrated area
					 within which workers may readily change jobs without changing their place of
					 residence. Economic and geographic factors and not political jurisdiction alone
					 shall be considered in the determination of any given locality.
Prevailing wages and working conditions
					 prevalent
-The hourly wage rate together with overtime, premium,
					 differential, holiday and vacation pay, and fringe benefits received by the
					 employes of each craft or classification and the conditions under which they
					 work, prevalent in the locality in which the contract is being
					 performed.
Printing
-All processes and operations
					 involved in printing-as that term is used in the printing industry-including
					 but not limited to letterpress, offset, and gravure processes and lithographic
					 printing or the multilith method, or both; the operations of composition,
					 platemaking, presswork and binding; and the end products of such processes,
					 methods and operations. The term "printing" shall not apply to newspaper
					 advertisements.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter F - CONTRACTS FOR COMMONWEALTH PRINTING › Section 9.203 - Invitation to bid

Current through Register Vol. 54, No. 28, July 13, 2024
Every invitation to bid on and every set of specifications
					 for printing contracts for the Commonwealth, or printing contracts to be paid
					 for wholly or in part with Commonwealth funds shall contain a statement that
					 the contractor shall pay every employe engaged in the performance of the
					 printing contract the prevailing wage rate and provide working conditions
					 prevalent in the locality in which the contract is being performed or that a
					 collective bargaining agreement is in effect-pursuant to the provisions of the
					 act.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter F - CONTRACTS FOR COMMONWEALTH PRINTING › Section 9.204 - Certification of bidders

Current through Register Vol. 54, No. 28, July 13, 2024
Upon submission of a bid, bidders shall certify to the
					 existence of a collective bargaining agreement or file a sworn statement to the
					 effect that its employes who are to perform work in connection with the
					 contract for printing shall receive the prevailing wage rate and are working
					 under conditions prevalent in the locality in which the work is
					 produced.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter F - CONTRACTS FOR COMMONWEALTH PRINTING › Section 9.205 - Determination of rates

Current through Register Vol. 54, No. 28, July 13, 2024
The Prevailing Wage Division of the Department will
					 establish rate schedules pursuant to the following:
(1) The Prevailing Wage Division will, on a
				  continuing basis, obtain rel-evant information from employers, employes,
				  employe representatives and interested parties as an aid in determining the
				  prevailing wage rate for localities.
(2) The Department will make public its
				  proposed prevailing wage rates and advertise same in the
Pennsylvania
				  Bulletin
and invite and receive written comments and objections for a
				  period of 14-calendar days following the advertising of the proposed rates.
				  Within 14 days after the last day for receiving comments and objections, the
				  Department will review the proposed rates, comments, and objections and publish
				  in the
Pennsylvania Bulletin
a schedule of rates which shall
				  become effective upon publication.
(3) Any prospective bidder or contractor or
				  their representative, any representative of any group of employers or of any
				  craft or classification of workmen, or of both a group and craft or
				  classification, engaged in the particular type of printing involved may, within
				  a 10-day period following publication of the final rates, file with the
				  Secretary a verified petition to review the Department's determination of the
				  prevailing wage rate or rates. The petition shall set forth the facts upon
				  which it is based. Upon receipt of such petition, the Secretary will, upon
				  notice to the petitioner and the recognized collective bargaining
				  representatives for the particular printing crafts and classifications involved
				  and to other interested persons who shall in writing request the Secretary so
				  to do, hold a public hearing in accordance with the procedures set forth in 1
				  Pa. Code Chapter 35 (relating to formal proceedings) within 30 days after the
				  filing of such petition. Following such hearing, the Secretary will make a
				  determination which will be final unless appealed to the Commonwealth
				  Court.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter F - CONTRACTS FOR COMMONWEALTH PRINTING › Section 9.206 - Inspection of records

Current through Register Vol. 54, No. 28, July 13, 2024
Contractors shall afford the Secretary or his authorized
					 representative access to their premises and to the records which they are
					 required to maintain under §
										9.208 (relating to records of
					 employment) at such reasonable times as the Department deems necessary for the
					 enforcement of the act. Contractors shall further permit the Secretary or his
					 authorized representative to interrogate any employe in the place of employment
					 and during working hours with respect to the contractors' records and any other
					 matter relevant to the enforcement of the act. Where such records are
					 maintained at a central record keeping office outside of the Commonwealth, such
					 records shall be made available for inspection at the place of employment
					 within seven calendar days following verbal or written notice from the
					 Secretary or his authorized representative.
This section cited in 34 Pa. Code §
												9.209 (relating to
						violations).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter F - CONTRACTS FOR COMMONWEALTH PRINTING › Section 9.207 - Preservation of records

Current through Register Vol. 54, No. 28, July 13, 2024
Contractors shall preserve the records which they are
					 required to maintain under §
										9.208 (relating to records of
					 employment) for a minimum period of two years following the date of final
					 payment under the contract or following the date of last entry in such records,
					 whichever is later. The Department may audit such records at any time during
					 such two-year period and, for that purpose, the contractor shall provide
					 representatives of the Department with necessary access, space, and
					 assistance.
This section cited in 34 Pa. Code §
												9.209 (relating to
						violations).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter F - CONTRACTS FOR COMMONWEALTH PRINTING › Section 9.208 - Records of employment

Current through Register Vol. 54, No. 28, July 13, 2024
Contractors shall maintain the following records of
					 employment:
(1) Name, address, social
				  security number, and occupation of each employe engaged in the performance of
				  the printing contract.
(2)
				  Wage-and-hour records for each such employe, including the rate of wages and
				  the amount paid each pay period, the hours worked each day and each week, and
				  the period during which each such employe was engaged on a printing contract
				  for the Commonwealth, with such contract individually identified.
(3) All basic time cards or sheets of the
				  contractor on which are entered the daily starting and stopping time of
				  individual employes or of separate work forces or the individual employe's
				  daily, weekly or pay period amounts of work accomplished-for example, units
				  produced-when those amounts determine in whole or in part the pay period
				  earnings or wages of those employes.
(4) All tables or schedules of the contractor
				  which provide the piece rates or other rates used in computing straight-time
				  earnings, wages or salary, or overtime excess compensation.
(5) All schedules or tables of the employer
				  which establish the hours and days of employment of individual employes or of
				  separate work forces.
(6) All other
				  records necessary to determine whether the contractor has complied with the
				  act.
This section cited in 34 Pa. Code §
												9.206 (relating to inspection of
						records); 34 Pa. Code §
												9.207 (relating to preservation of
						records) and 34 Pa. Code §
												9.209 (relating to
						violations).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter F - CONTRACTS FOR COMMONWEALTH PRINTING › Section 9.209 - Violations

Current through Register Vol. 54, No. 28, July 13, 2024
Complaints that a contractor has violated the act shall be
					 filed with the Department, which will investigate such complaints and, where
					 appropriate, hold hearings upon due notice to all interested parties. Failure
					 of a contractor to maintain records as required by §
										9.208 (related to records of
					 employment) or to permit inspection as required by §§
										9.206 and
					 9.207 (relating to inspection of
					 records; and preservation of records) will be a basis for a finding by the
					 Secretary that the contractor has violated the act.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 9 - EMPLOYMENT AND WAGES › Subchapter F - CONTRACTS FOR COMMONWEALTH PRINTING › Section 9.210 - Employe rights

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is not intended to replace or otherwise affect
					 employe rights to sue or otherwise pursue remedies available for the payment of
					 wages due.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter A - EMPLOYMENT OF MINORS IN PERFORMANCES › Section 11.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Employer
-Any person who for his own
					 account or benefit or that of his patrons, directly or indirectly, or through
					 an employe, agent, independent contractor, or any other person employs or
					 permits any minor to work in theatrical productions, musical recitals or
					 concerts, entertainment acts, modeling, radio, television, motion picture
					 making, or in other similar forms or media of entertainment.
Employment
-A minor engaged in a
					 performance shall be deemed employed, if any person, including the performer,
					 his parent or teacher, receives remuneration from the performance or if any
					 performer in the production is paid for performing.
Hazardous performances, acts, or
					 exhibitions
-These terms shall include all of the following:
(i) All aerial acts including suspension from
				  trapezes, ropes, wires, or like contrivances.
(ii) The use of or exposure to
				  weapons.
(iii) The taking of
				  dangerous leaps, falls, throws, catches, knee drops or slides.
(iv) Working with partners hand to hand or
				  head to head.
(v) Bicycle or
				  unicycle acts.
(vi) Assisting
				  performers in an animal act, conducting an animal into a ring or on stage, or
				  riding an animal when the animal exceeds half the weight of the child
				  performer. This paragraph shall not necessarily apply to performances with
				  trained seals.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter A - EMPLOYMENT OF MINORS IN PERFORMANCES › Section 11.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter is designed to carry out the intent and
					 purpose of section
					 7.1 of the Child Labor Law, as
					 amended (43 P. S. §
											48.1),
					 establishing conditions for the issuance of special permits for employment of
					 minors over seven and under 18 years of age in certain
					 performances.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter A - EMPLOYMENT OF MINORS IN PERFORMANCES › Section 11.3 - Applicability; general provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Every employer or person exercising direction or control over a minor or minors
				  under 18 years of age in public performances shall be responsible for complying
				  with the Child Labor Law (43 P. S. §§
											41-71), and this subchapter.
(b) The issuance of special performance
				  permits is the duty of the Bureau of Women and Children, Hours and Minimum
				  Wages of the Department.
(c)
				  Special performance permits shall be issued only when in the judgement of the
				  Bureau there is adequate provision for the educational instruction,
				  supervision, safety, health and welfare of the minor and for the safeguarding
				  for the minor of the earnings derived by the minor from his performances, and
				  only when the requirements of this subchapter have been met.
(d) The special performance permit shall be
				  valid only under conditions specified in the permit.
(e) The special performance permit shall be
				  kept at the location where the performance takes place.
(f) The Department shall have the power to
				  revoke any permit for violation of the terms specified in the permit or for any
				  other condition endangering the safety and welfare of the child.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter A - EMPLOYMENT OF MINORS IN PERFORMANCES › Section 11.4 - Application for permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Application
				  for the special performance permit for a minor aged seven to 18 years shall be
				  made by the employer on a form provided by the Department and signed by the
				  employer of the minor and the parent or guardian of the minor.
(b) The application shall be notarized and
				  contain a statement that the facts as set forth in the application are true and
				  correct.
(c) The application shall
				  set forth for all performances, accurate information regarding all of the
				  following:
(1) The legal and professional name
				  of the minor.
(2) The date and
				  place of his birth.
(3) The name
				  and permanent address of the parent or guardian and the name of the parent or
				  representative of the parent who will accompany the minor to rehearsals and
				  performances.
(4) The name and type
				  of production.
(5) The nature of
				  the performance of the minor.
(6)
				  The dates of performances and the number of performances per day and per week
				  as well as the length of time the minor is actually performing.
(7) The dates of rehearsals.
(8) The maximum combined rehearsal and
				  performance time per day and per week.
(9) Whether the minor is to be paid for
				  performing, whether there is remuneration other than financial, and whether he
				  is to be paid by the week or the performance.
(10) The hours at which the minor reports for
				  performances.
(11) Whether the
				  total earnings of the minor from all sources exceed $150 per week and, if so,
				  what provisions have been made for conservation of the earnings of the
				  minor.
(12) The name and address of
				  the booking agent of the minor, if any.
(13) Whether the minor has performed in the
				  same production in other states requiring a permit or certificate to perform
				  and whether the permit or certificate was obtained.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter A - EMPLOYMENT OF MINORS IN PERFORMANCES › Section 11.5 - Number of performances per day and per week

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In counting the number of performances
				  per day and per week, out-of-state performances shall be included in the
				  calculation.
(b) Minors under 16
				  years of age shall have one day in seven free of school performances and travel
				  connected with school or performances.
(c) Permits granted for children under 14
				  years of age may be issued only if scrutiny of the schedule of the minor over a
				  period of months indicates a work load and travel schedule suitable for the age
				  of the child.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter A - EMPLOYMENT OF MINORS IN PERFORMANCES › Section 11.6 - Supervision of child performers

Current through Register Vol. 54, No. 28, July 13, 2024
Certain minors shall be accompanied by a parent, guardian
					 or responsible adult designated by the parent or guardian whose primary
					 responsibility is not related to the production of the performance, under the
					 following circumstances:
(1) Every
				  minor under 18 years of age when the location of rehearsals or performances
				  requires lodgings overnight at a place outside the place of residence of the
				  minor.
(2) Every minor under 16
				  years of age when the rehearsals or performances are located in the permanent
				  place of residence of the minor and if they terminate after 6 p.m.
(3) Every minor under 12 years of age for all
				  rehearsals and performances at all times.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter A - EMPLOYMENT OF MINORS IN PERFORMANCES › Section 11.7 - Penalty

Current through Register Vol. 54, No. 28, July 13, 2024
Any person who violates any of the provisions of this
					 subchapter or who interferes with the Department or its duly authorized
					 representative in the enforcement of such provisions may be deemed guilty of a
					 misdeameanor and may, upon conviction, be punished by fine or imprisonment, or
					 both.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter B - EMPLOYMENT OF MINORS IN INDUSTRY › GENERAL PROVISIONS › Section 11.21 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Act
-The Child Labor Law (43 P. S.
						§§
												41-71).
Apprentice
-A minor of 16 years of age or
						over who is employed in a craft recognized as an apprenticeable trade where the
						work in an occupation or process otherwise prohibited is incidental to the
						apprentice training, is intermittent and for short periods of time, and is
						under the direct and close supervision of a journeyman, and who is registered
						by the Pennsylvania Apprenticeship and Training Council or employed under a
						written apprenticeship agreement under conditions which conform to the Federal
						and State standards of apprenticeship training.
Laboratory student aide
-A student 16
						years of age or over who is enrolled for scientific studies in an educational
						institution, employed in a research or development laboratory under the close
						supervision of a qualified scientist or development engineer in a program of
						diversified training activities and working in any occupation otherwise
						prohibited only intermittently and for short periods of time incidental to his
						training in diversified laboratory activities.
Student learners
-Minors enrolled in a
						course of study and training in a cooperative vocational training program under
						a recognized state or local educational authority or in a course of study in a
						substantially similar program conducted by a private school and employed under
						a written agreement which provides the following:
(i) That the work of the student learner in
					 the occupations declared particularly hazardous shall be incidental to his
					 training.
(ii) That such work shall
					 be intermittent and for short periods of time and under the direct and close
					 supervision of a qualified and experienced person.
(iii) That safety instructions shall be given
					 by the school and correlated by the employer with on-the-job
					 training.
(iv) That a schedule of
					 organized and progressive work processes to be performed on the job shall have
					 been prepared. Each such written agreement shall contain the name of the
					 student learner and shall be signed by the employer and the school coordinator
					 or principal. Copies of each agreement shall be kept on file by both the school
					 and the employer.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter B - EMPLOYMENT OF MINORS IN INDUSTRY › GENERAL PROVISIONS › Section 11.22 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter sets out rules to safeguard the lives,
						limbs and health of minors in industry and places the responsibility of
						compliance with such rules upon both employer and minor
						employe.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter B - EMPLOYMENT OF MINORS IN INDUSTRY › GENERAL PROVISIONS › Section 11.23 - Administration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every employer
					 or person exercising direction or control over minors in industry shall be
					 responsible for complying with the provisions of this subchapter.
(b) Every minor in industry shall comply with
					 the provisions of this subchapter which may concern or affect his
					 conduct.
(c) The Department of
					 Education is charged by statute with the responsibility for issuing employment
					 certificates.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter B - EMPLOYMENT OF MINORS IN INDUSTRY › GENERAL PROVISIONS › Section 11.24 - Penalty

Current through Register Vol. 54, No. 28, July 13, 2024
Any person who violates any of the provisions of this
						subchapter or any regulations of the Department or who interferes with the
						Department or its duly authorized representative in the enforcement of such
						provisions and regulations shall be subject to penalty under the provisions of
						the act.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter B - EMPLOYMENT OF MINORS IN INDUSTRY › PROHIBITIONS AND SPECIFICATIONS › Section 11.31 - Employment of minors on outside electrical wiring

Current through Register Vol. 54, No. 28, July 13, 2024
Employment of minors under 18 years of age on outside
						electrical wiring is prohibited, except for apprentices, student learners, and
						graduates of an approved vocational, technical, or industrial education
						curriculum which prepared them for employment in the specific
						occupation.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter B - EMPLOYMENT OF MINORS IN INDUSTRY › PROHIBITIONS AND SPECIFICATIONS › Section 11.32 - Operation of elevators

Current through Register Vol. 54, No. 28, July 13, 2024
Employment of minors under 18 years of age as operators
						or managers of passenger or freight elevators, or other hoisting or lifting
						machinery is prohibited.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter B - EMPLOYMENT OF MINORS IN INDUSTRY › PROHIBITIONS AND SPECIFICATIONS › Section 11.33 - Welding

Current through Register Vol. 54, No. 28, July 13, 2024
Employment of minors under 18 years of age at acetylene
						or electric welding is prohibited except for apprentices, student learners and
						graduates of an approved vocational, technical, or industrial education
						curriculum which prepared them for employment in the specific
						occupation.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter B - EMPLOYMENT OF MINORS IN INDUSTRY › PROHIBITIONS AND SPECIFICATIONS › Section 11.34 - Wire-stitching machines

Current through Register Vol. 54, No. 28, July 13, 2024
Employment of minors under 18 years of age on
						wire-stitching machines is prohibited, except for apprentices, student learners
						and graduates of an approved vocational, technical or industrial education
						curriculum which prepared them for employment in the specific
						occupation.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter B - EMPLOYMENT OF MINORS IN INDUSTRY › PROHIBITIONS AND SPECIFICATIONS › Section 11.35 - Meter testing and reading

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Employment of minors under 18 years of age at testing electric meters as part
					 of the process of manufacture or repair of the meter is prohibited, except for
					 apprentices, student learners and graduates of an approved vocational,
					 technical or industrial education curriculum which prepared them for employment
					 in the specific occupation.
(b)
					 This, however, does not prohibit the minor adjustment of electric meters
					 incidental to their use.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter B - EMPLOYMENT OF MINORS IN INDUSTRY › PROHIBITIONS AND SPECIFICATIONS › Section 11.37 - Rolling mills

Current through Register Vol. 54, No. 28, July 13, 2024
Employment of minors under 18 years of age on machines or
						processes in connection with roll tables, roll cars and greasers in rolling
						mills is prohibited, except for apprentices, student learners and graduates of
						an approved vocational, technical, or industrial education curriculum which
						prepared them for employment in the specific occupation.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter B - EMPLOYMENT OF MINORS IN INDUSTRY › PROHIBITIONS AND SPECIFICATIONS › Section 11.38 - Electrical work

Current through Register Vol. 54, No. 28, July 13, 2024
Employment of minors under 18 years of age at installing
						and removing electric light and power meters, and doing inside wiring is
						prohibited, except for apprentices, student learners and graduates of an
						approved vocational, technical or industrial education curriculum which
						prepared them for employment in the specific occupation, and minors between the
						ages of 16 and 18 who are acting as assistants to trained electricians or
						electrical engineers over 21 years of age. This exception however, only applies
						to work on voltages up to and including 220 volts.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 11 - EMPLOYMENT OF MINORS › Subchapter B - EMPLOYMENT OF MINORS IN INDUSTRY › PROHIBITIONS AND SPECIFICATIONS › Section 11.39 - Educational and charitable institutions

Current through Register Vol. 54, No. 28, July 13, 2024
All institutions of an educational or charitable nature,
						where any product is sold on a commercial basis and which employ minors shall
						conform to the provisions of the act and this subchapter.