reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XI - Prevailing Wage › Chapter 213 - PREVAILING WAGE APPEALS BOARD › Section 213.3 - Appeals from determinations of the Secretary

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party, other than the Department, may
				file an appeal with the Board from the final determination of the Secretary in
				proceedings conducted under section 8 or 11 of the act (43 P. S.
				§§
										165-8 and
				165-11). Grievances filed
				under section 2.2(e) of the act (43 P. S. §
										165-2.2(e)) are governed by
				§
									213.8 (relating to grievances
				arising from administration of the act).
(b) Appeals under this chapter shall be filed
				within 10 days of the date of mailing of the Secretary's determination. If
				appeals are filed by mail, first-class mail shall be utilized and the date of
				the postmark shall be the date of filing.
(c) The appeal, original and eight copies,
				shall be filed with the Chairperson of the Board, c/o Office of Chief Counsel,
				Department of Labor and Industry, Labor and Industry Building, Seventh and
				Forster Streets, Harrisburg, Pennsylvania 17120.
(d) Copies shall be served on all other
				parties, in accordance with the General Rules, and proof of service shall
				accompany the appeal.
(e) Cross
				appeals shall be filed with the Board within 10 days after filing and service
				of the original appeal, and shall conform to the requirements applicable to
				appeals.
(f) Upon receipt of a
				notice of appeal under this section, the Secretary will promptly transmit the
				record of the proceedings to the Board.
(g) Subsection (b) supersedes 1 Pa. Code
				§
									31.11 (relating to timely filing
				required). Subsection (c) supersedes 1 Pa. Code §
									33.15 (relating to number of
				copies).
This section cited in 34 Pa. Code §
											213.2 (relating to definitions);
					 and 34 Pa. Code §
											213.5 (relating to
					 briefs).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XI - Prevailing Wage › Chapter 213 - PREVAILING WAGE APPEALS BOARD › Section 213.4 - Content of appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
				subsection governs appeals from final determinations of the Board in a
				proceeding under section 8 or 11 of the act (43 P. S. §§
										165-8 and
				165-11).
(b) Appeals to the Board shall:
(1) Contain the full caption of the
				proceeding before the Secretary.
(2) State that the party is appealing the
				Secretary's determination to the Board.
(3) List the date of the Secretary's
				determination.
(4) Briefly list the
				grounds for appeal or objections to the Secretary's determination.
(5) Contain a prayer for relief.
(6) Be signed by a party or the party's
				attorney.
(7) Contain a certificate
				of service.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XI - Prevailing Wage › Chapter 213 - PREVAILING WAGE APPEALS BOARD › Section 213.5 - Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The appellant's
				brief shall be received within 15 days after the appeal is filed. The
				appellee's brief shall be due 15 days after service of the appellant's
				brief.
(b) Unless otherwise
				directed by the Board, separate briefs shall be required for cross appeals. The
				cross-appellant's brief will be due within 15 days after service of the cross
				appeal, and the cross appellee's brief is due 15 days after service of the
				cross appellant's brief.
(c) Briefs
				shall conform to the General Rules and shall be filed with the Chairperson of
				the Board, at the address listed in §
									213.3(c)
				(relating to appeals from determinations of the Secretary). An original and
				eight copies of briefs shall be filed.
(d) Requests for extensions of time under
				this section shall be made in writing and shall be filed with, and acted upon
				by, the Chairperson of the Board. In appeals under section 8 of the act
				(43
				P. S. §
										165-8), the request shall
				indicate the concurrence or nonconcurrence of the contracting body and the
				other parties to the proposed extension.
(e) The Board will not consider briefs unless
				they are filed in accordance with the time standards listed in this
				section.
(f) Subsection (b)
				supersedes 1 Pa. Code §§
									35.193 and
				35.212(d) 
				(relating to filing and service of briefs; and content and form of briefs on
				exceptions).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XI - Prevailing Wage › Chapter 213 - PREVAILING WAGE APPEALS BOARD › Section 213.6 - Hearing transcripts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party
				or person may inspect copies of the transcript of the proceedings before the
				Secretary at no charge, during the Department's regular business hours, in the
				Office of Chief Counsel.
(b) A
				person desiring to purchase a copy of a hearing transcript shall make
				arrangements with the court reporting service which transcribed the hearing.
				Information as to the name, address and telephone number of the court reporting
				service may be obtained from the Office of Chief Counsel for the
				Department.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XI - Prevailing Wage › Chapter 213 - PREVAILING WAGE APPEALS BOARD › Section 213.7 - Appeal proceedings before the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In appeals under this chapter, the
				Board's scope of review of the Secretary's determination is limited to a review
				for errors of law and whether the necessary findings of the Secretary are
				supported by substantial evidence in the record.
(b) Issues not raised in the notice of appeal
				or not argued in the appellant's brief will be deemed waived.
(c) In appeals, the Board will not hear
				testimony or receive evidence. Requests for evidentiary hearings shall be in
				the nature of a request for a remand to the Secretary and shall be set forth in
				the notice of appeal and addressed in the briefs.
(d) The Board may remand an appeal to the
				Secretary for further hearing, consideration and determination.
(e) Oral argument shall be heard by the Board
				in appeals, unless waived by the parties. Notice of oral argument shall be
				furnished by the Board to all parties or their representatives. Argument may be
				limited at the Board's discretion.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XI - Prevailing Wage › Chapter 213 - PREVAILING WAGE APPEALS BOARD › Section 213.8 - Grievances arising from administration of the act

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under section 2.2(e) of the act
				(43
				P. S. §
										165-2.2(e)),
				the Board will hear and determine grievances arising out of the administration
				of the act. Appeals from determinations of the Secretary are excluded from
				review under this section. The types of disputes heard under this section shall
				include the following:
(1) Disputes as to the
				applicability of the act to a project.
(2) Disputes involving classification or
				coverage, or both, of persons employed on public work.
(3) Disputes concerning the proper
				interpretation or application of the act or regulations thereunder.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XI - Prevailing Wage › Chapter 213 - PREVAILING WAGE APPEALS BOARD › Section 213.9 - Notices and hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
				receipt of a grievance or an appeal and the scheduling of argument or hearing,
				the Board will notify the parties and other interested persons designated in
				sections 7, 8 and 11(c) of the act (43 P. S. §§
										165-7,
				165-8 and
				165-11(c)) or their
				representatives.
(b) Hearings or
				arguments before the Board will be open to the public.
(c) The parties participating in proceedings
				before the Board may be represented by counsel or as otherwise permitted by the
				General Rules.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XI - Prevailing Wage › Chapter 213 - PREVAILING WAGE APPEALS BOARD › Section 213.10 - Decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Copies of the
				Board's decisions will be mailed to the parties and other interested persons
				designated in sections 7, 8 and 11(c) of the act (43 P. S. §§
										165,
				165-8 and
				165-11(c)) or their
				representatives.
(b) The Board's
				decision will be the final decision of the Department. An application for
				reconsideration will not be entertained.
(c) Subsection (b) supersedes 1 Pa. Code
				§
									35.241 (relating to application
				for rehearing or reconsideration).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 221 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 221.1 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
Under 1 Pa. Code §
									31.1 (relating to scope of part),
				  1 Pa. Code Part II (relating to the general rules of administrative practice
				  and procedure) is applicable to the activities of and proceedings before the
				  Bureau of Labor Standards.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 225 - PROHIBITION OF EXCESSIVE OVERTIME IN HEALTH CARE ACT REGULATIONS › Section 225.1 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter implements the complaint and investigation
				  procedures in the act, and the administrative penalties assessment provisions
				  in the act.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 225 - PROHIBITION OF EXCESSIVE OVERTIME IN HEALTH CARE ACT REGULATIONS › Section 225.3 - Complaint and investigation procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon receipt of a complaint or its own
				initiative, the Bureau will investigate alleged violations of the
				act.
(b) An aggrieved employee who
				believes there is a violation of this act against him by a health care facility
				or employer may file a complaint, within 60 days of the violation, with the
				Bureau.
(c) The complaint must be
				in writing, signed and set forth the grounds for the complaint. A complaint
				must contain:
(1) The name and address of the
				complainant.
(2) The name and
				address of the employer against whom the complaint is filed.
(3) A statement of the facts forming the
				basis of the complaint or conclusion that there has been one or more violations
				of the act, including the date, time and place of the alleged violation. A
				complaint may contain multiple violations.
(4) The name of known witnesses.
(5) Other information that may be pertinent
				to an investigation.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 225 - PROHIBITION OF EXCESSIVE OVERTIME IN HEALTH CARE ACT REGULATIONS › Section 225.4 - Administrative penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Department may impose any or all of the following penalties under section 6 of
				the act (43 P. S. §
										932.6):
(1) A fine of $100 to $1,000 per
				violation.
(2) Order a health care
				facility or employer to take an action which the Department deems necessary to
				correct a violation of section 3 of the act (43 P. S. §
											932.3) or this chapter. Actions ordered may
				include payment of restitution to employees, directives for compliance with the
				act such as changes to policy and procedures to ensure future compliance, and
				directives to remedy unlawful adverse employment decisions as prohibited under
				section 3(b) of the act. An order will be based on the facts of each individual
				complaint and practices of the health care facility and
				employer.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 225 - PROHIBITION OF EXCESSIVE OVERTIME IN HEALTH CARE ACT REGULATIONS › Section 225.5 - Administrative notice of violation and proposed penalty

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After the completion of an investigation
				on an alleged violation of the act and upon finding that the act has been
				violated, the Bureau will issue an administrative decision containing findings
				and proposed penalties.
(b) The
				Bureau will serve by first class mail upon the violating health care facility
				or employer and the complainant a copy of its administrative decision and
				proposed penalty.
(c) A health care
				facility or employer served with an administrative decision and proposed
				penalty may accept the notice and pay the penalty, request a reduction in
				penalty or contest the administrative decision and proposed penalty under
				§
									225.6 (relating to contesting an
				administrative decision and proposed penalty).
(d) A request for a reduction in the penalty
				shall be made in writing to the Bureau within 10 days of the mailing date of
				the administrative decision and propose an alternative penalty for the Bureau's
				consideration setting forth mitigating circumstances. The Bureau will
				expeditiously act on the request for reduction of the penalty within 10 days of
				receipt. The filing of a request for reduction does not toll or extend the
				30-day period for requesting a hearing under § 225.6. The Bureau will
				provide notice of the request for reduction in penalty to the
				complainant.
(e) After the
				completion of an investigation of alleged violations of the act and upon
				findings that the act has not been violated, the Bureau will provide written
				notice to the complainant and the health care facility or employer that the
				investigation has been closed. The written notice when a violation is not found
				will include a statement of the reason.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 225 - PROHIBITION OF EXCESSIVE OVERTIME IN HEALTH CARE ACT REGULATIONS › Section 225.6 - Contesting an administrative decision and proposed penalty

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A health care facility or employer may
				contest an adverse administrative decision by requesting a hearing.
(b) The health care facility or employer
				contesting the administrative decision shall file an original and two copies of
				a written request for a hearing with the Bureau within 30 days of the mailing
				date of the administrative decision. The hearing request shall be mailed to the
				Bureau at the address listed on the administrative decision.
(c) The Bureau will notify the complainant of
				any request made for hearing under this section.
(d) An untimely request for a hearing may be
				dismissed without further action by the Bureau.
(e) Filing of a request for a hearing shall
				act as a supersedeas of the administrative decision on the violation and
				proposed penalties.
This section cited in 34 Pa. Code §
											225.5 (relating to administrative
					 notice of violation and proposed
					 penalty).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 225 - PROHIBITION OF EXCESSIVE OVERTIME IN HEALTH CARE ACT REGULATIONS › Section 225.7 - Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Secretary
				will assign the request for a hearing to a hearing officer who will schedule a
				de novo proceeding. The parties and the complainant will receive written notice
				of the hearing date, time and place by first class mail at least 30 days prior
				to the scheduled date of the hearing, unless another method of notification is
				requested.
(b) The hearing will be
				conducted in a manner to provide all parties the opportunity to be heard. The
				hearing officer will not be bound by strict rules of evidence. Relevant
				evidence of reasonably probative value may be received into evidence.
				Reasonable examination and cross-examination of witnesses will be
				permitted.
(c) The parties may be
				represented by legal counsel, but legal representation at the hearing is not
				required.
(d) Testimony will be
				recorded and a full record kept of the proceeding.
(e) The parties will be provided the
				opportunity to submit briefs addressing issues raised at the hearing.
(f) The Bureau and the health care facility
				or employer will be the parties at the hearing.
(g) The Bureau will have the burden of
				proving by a preponderance of the evidence that the health care facility
				violated the act and that the proposed penalty is appropriate under the factors
				in §
									225.4(b)
				(relating to administrative penalties).
(h) To the extent not covered by this
				chapter, hearings will be governed by 1 Pa. Code Part II (relating to General
				Rules of Administrative Practice and Procedure).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 225 - PROHIBITION OF EXCESSIVE OVERTIME IN HEALTH CARE ACT REGULATIONS › Section 225.8 - Petition to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Bureau and the health care facility or employer will be the parties at the
				hearing.
(b) A person other than
				the Bureau and the health care facility or employer may request to intervene in
				a hearing under the following conditions:
(1)
				He can demonstrate any of the following:
(i) A
				right conferred by law.
(ii) An
				interest which may be so directly affected and which is not adequately
				represented by the existing parties, and as to which petitioners may be bound
				by the Department's actions. The following may have an interest:
(A) Complainants' union or trade association
				representatives.
(B) Consumers,
				patients or other patrons served by the respondent.
(C) Holders of securities of the health care
				facility or employer.
(D) Employees
				of the health care facility or employer.
(E) Competitors of the respondent.
(iii) Any other interest of a
				nature so that participation of the petitioner may be in the public
				interest.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 225 - PROHIBITION OF EXCESSIVE OVERTIME IN HEALTH CARE ACT REGULATIONS › Section 225.9 - Adjudications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Secretary
				will issue a written adjudication. The adjudication will include all relevant
				findings and conclusions, and the rationale for the adjudication.
(b) The adjudication will include a
				notification to the parties of appeal rights to Commonwealth Court.
(c) The adjudication will be served upon all
				parties, complainants, intervenors and counsel of record.
This section cited in 34 Pa. Code §
											225.10 (relating to further appeal
					 rights).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 225 - PROHIBITION OF EXCESSIVE OVERTIME IN HEALTH CARE ACT REGULATIONS › Section 225.10 - Further appeal rights

Current through Register Vol. 54, No. 28, July 13, 2024
A party, including an intervenor, aggrieved by an
				  adjudication rendered under §
									225.9 (relating to adjudications)
				  may file an appeal to Commonwealth Court within 30 days from mailing of the
				  decision as prescribed by law or rule of court. A direct appeal from an agency
				  adjudication to Commonwealth Court is provided in
				  42 Pa.C.S. §
										763
				  (relating to direct appeals from government agencies).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › GENERAL PROVISIONS › Section 231.11 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to employees and classes of employment
					 not excluded, excepted or exempted from application of the act under section 3,
					 4 or 5 of the act (43 P. S. §§
											333.103-333.105).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › GENERAL PROVISIONS › Section 231.12 - Penalty

Current through Register Vol. 54, No. 28, July 13, 2024
An employer or his agent or the officer or agent of a
					 corporation who violates this chapter or who interferes with the Secretary in
					 the enforcement of this chapter shall, upon conviction, be punished in
					 accordance with section 12(c) of the act (43 P. S. §
											333.112(c)).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › MINIMUM WAGE › Section 231.21 - Rule

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every employee
				  shall pay the minimum wage rate specified in section 4(a) of the act
				  (43
				  P. S. §
											333.104(a))
				  subject to exclusions and exemptions as provided in the act and in this
				  chapter.
(b) The minimum wage shall
				  be paid for hours worked, regardless of the frequency of payment and regardless
				  of whether the wage is paid on an hourly, salaried, or commissioned, piece
				  rate, or any other basis. Where an employee works off the premises of the
				  employer under circumstances which prevent adequate supervision by the
				  employer, or in the case of a residential employee, the Secretary will approve
				  any reasonable agreement between the employer and employee for determining
				  hours worked.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › MINIMUM WAGE › Section 231.22 - Deductions and allowances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Wages
				  paid to an employee include the reasonable cost of board, lodging and other
				  facilities if the board, lodging or other facilities are customarily furnished
				  by the employer to the employee; provided however, that in no event shall the
				  cost of the deductions and allowances exceed their actual cost, exclusive of
				  profit, to the employer.
(b) An
				  allowance or deduction for lodging shall be permitted as part payment of the
				  minimum wage only when the facility affords the employee reason able space,
				  privacy, sanitation, heat, light and ventilation. Facilities shall be open to
				  inspection by an authorized representative of the Secretary at any reasonable
				  time.
(c) Deductions and allowances
				  shall be made known to the employee and agreed to by the employee at the time
				  of hiring. In addition, adjustments to the deductions and allowances shall be
				  made known to the employee prior to the making of the adjustments.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › MINIMUM WAGE › Section 231.23 - Commission

Current through Register Vol. 54, No. 28, July 13, 2024
When an employee is compensated solely on a commission
					 basis, when an employee is paid in accordance with a plan providing for a base
					 rate plus commission, or when the earnings of an employee are derived in whole
					 or in part on the basis of an incentive plan, the wage paid weekly to the
					 employee shall for each hour worked at least equal the applicable minimum rate
					 set forth in section 4(a) of the act (43 P. S. §
											333.104(a)).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYER RECORDS › Section 231.31 - Contents of record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every
				  employer shall keep a true, accurate and legible record for each employee. The
				  records shall be preserved for a period of 3 years from date of last entry and
				  shall contain the following information:
(1)
				  Name in full, and on the same record, the identifying symbol of the employee or
				  number, if such is used in place of name on time, work or payroll
				  records.
(2) Home address including
				  zip code.
(3) Regular hourly rate
				  of pay.
(4) Occupation.
(5) Time and day that the workweek begins. If
				  the employee is part of a work force or employed in or by an establishment
				  where all workers have a work week beginning at the same time on the same day,
				  a single notation of the time of the day and beginning day of the workweek for
				  all workers shall suffice.
(6) The
				  number of hours worked daily and weekly.
(7) Total daily or weekly straight time
				  wages, that is, the total wages due for hours worked during the workweek,
				  including all wages due during any overtime worked but exclusive of overtime
				  excess compensation.
(8) Total
				  overtime excess compensation for the workweek, that is, the excess compensation
				  for overtime worked, which amount is over and above all straight time earnings
				  or wages also earned during overtime worked.
(9) Total additions to or deductions from
				  wages paid each pay period. Every employer making additions to or deductions
				  from wages shall also maintain, in individual employee's accounts, a record of
				  the dates, amounts and nature of the items which make up the total additions
				  and deductions.
(10) Allowances, if
				  any, claimed as part of the minimum wage.
(11) Total wages paid each pay
				  period.
(12) Date of payment and
				  the pay period covered by payment.
(13) Special certificates for students and
				  learners as set forth in section 4(b) of the act (43 P. S. §
												333.104(b)).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYER RECORDS › Section 231.32 - Exception

Current through Register Vol. 54, No. 28, July 13, 2024
With respect to persons employed in a bona fide executive,
					 administrative or professional capacity or in the capacity of outside salesman,
					 as defined in this chapter, employers shall maintain and preserve records
					 containing the information and data required by §
										231.31 (relating to contents of
					 records) except §
										231.31(a)(3) and
					 (5)-(8) and containing the basis on which
					 wages are paid. This may be shown as "$435 mos.," "$115 wk.," or "on
					 fee."
This section cited in 34 Pa. Code §
												231.96 (relating to writing
						required).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYER RECORDS › Section 231.33 - Students

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For each
				  individual for whom student status is claimed the records of an employer shall
				  contain a statement from the school which the student attends indicating one of
				  the following:
(1) The student is a full-time
				  day student and the course of instruction is one leading to a degree, diploma
				  or certificate.
(2) The student is
				  completing residence requirements for a degree.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYER RECORDS › Section 231.34 - Tipped employees

Current through Register Vol. 54, No. 28, July 13, 2024
Supplementary to the provisions of any section of this
					 chapter pertaining to the payroll records to be kept with respect to employees,
					 every employer shall also maintain and preserve payroll or other records
					 containing the following additional information with respect to each tipped
					 employee whose wages are determined under section 3(d) of the act
					 (43
					 P.S. §
											333.103(d)):
(1) A symbol or letter placed on the pay
				  records identifying each employee whose wage is determined in part by
				  tips.
(2) Weekly or monthly amount
				  reported by the employee, to the employer, of tips received. This may consist
				  of reports made by the employees to the employer on IRS Form 4070.
(3) Amount by which the wages of each tipped
				  employee have been deemed to be increased by tips, as determined by the
				  employer. The amount per hour which the employer takes as a tip credit shall be
				  reported to the employee in writing each time it is changed from the amount per
				  hour taken in the preceding week. An employee failing or refusing to report to
				  the employer the amount of tips received in any workweek shall not be permitted
				  to show that the tips received were less than the amount determined by the
				  employer in the workweek.
(4) Hours
				  worked each workday in any occupation in which the tipped employee does not
				  receive tips and total daily or weekly straight-time payment made by the
				  employer for such hours.
(5) Hours
				  worked each workday in occupations in which the employee received tips and
				  total daily or weekly straight-time earnings for the hours.
(6) For employers who implement tip pools,
				  the names and position of each participant in the tip pool and the amount
				  distributed to each participant in the tip pool.
The provisions of this §
												231.34 amended under sections 4(c)
						and 9 of The Minimum Wage Act of 1968 (62 P.S. §§
													333.104(c) and
						333.109).
This section cited in 34 Pa. Code §
												231.96 (relating to writing
						required).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYER RECORDS › Section 231.35 - Inspection

Current through Register Vol. 54, No. 28, July 13, 2024
Payroll records of an employer shall be open to inspection
					 by an authorized representative of the Secretary at a reasonable time.
					 Employers shall permit an authorized representative of the Secretary to
					 interrogate an employee in the place of employment and during work hours, with
					 respect to the wages paid to and the hours worked by the employee or other
					 employees.
This section cited in 34 Pa. Code §
												231.96 (relating to writing
						required).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYER RECORDS › Section 231.36 - Statement to employee

Current through Register Vol. 54, No. 28, July 13, 2024
Every employer shall furnish to each employee a statement
					 with every payment of wages, listing hours worked, rates paid, gross wages,
					 allowances, if any, claimed as part of the minimum wage, deductions and net
					 wages.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYER RECORDS › Section 231.37 - Posting

Current through Register Vol. 54, No. 28, July 13, 2024
Every employer covered by this chapter shall post, in a
					 conspicuous place in the establishment of the employer, a summary of the act
					 and this chapter.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › OVERTIME PAY › Section 231.41 - Rate

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided in section 5(a)-(c) of the act
					 (43
					 P. S. §
											333.105(a)-(c)), each
					 employee shall be paid for overtime not less than 1-1/2 times the employee's
					 regular rate of pay for all hours in excess of 40 hours in a
					 workweek.
This section cited in 34 Pa. Code §
												231.43 (relating to regular
						rate).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › OVERTIME PAY › Section 231.42 - Workweek

Current through Register Vol. 54, No. 28, July 13, 2024
The term workweek shall mean a period of 7 consecutive days
					 starting on any day selected by the employer. Overtime shall be compensated on
					 a workweek basis regardless of whether the employee is compensated on an hourly
					 wage, monthly salary, piece rate or other basis. Overtime hours worked in a
					 workweek may not be offset by compensatory time off in any prior or subsequent
					 workweek.
This section cited in 34 Pa. Code §
												231.43 (relating to regular
						rate).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYMENT OF LEARNERS › Section 231.51 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
An employer who wishes to employ a learner at less than the
					 prescribed minimum wage must complete an application on a form furnished by the
					 Secretary containing the following information:
(1) Occupation at which learners are to be
				  employed.
(2) Duration of learning
				  period during which the employer proposes to pay a wage less than the
				  prescribed minimum.
(3) The nature
				  and extent of the instruction and supervision.
(4) The number of regular employees employed
				  by the employer in the occupation involved.
(5) Other information as may be required by
				  the Secretary.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYMENT OF LEARNERS › Section 231.52 - Special certificate

Current through Register Vol. 54, No. 28, July 13, 2024
If the Secretary finds that the requested employment of
					 learners in a given occupation at less than the minimum wage is necessary in
					 order to prevent curtailment of opportunities for employment, the Secretary may
					 issue a certificate to the employer authorizing employment at less than the
					 prescribed minimum wage; provided however, that the wage may not be less than
					 85% of the otherwise applicable minimum wage established in section 4 of the
					 act (43 P. S. §
											333.104). The
					 certificate may limit the number of learners and proportion of learners to
					 nonlearners. The wage specified on the certificate shall constitute the minimum
					 wage for learners in the particular occupation at the establishment named
					 therein.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYMENT OF LEARNERS › Section 231.53 - Posting of special certificate

Current through Register Vol. 54, No. 28, July 13, 2024
A copy of the special certificate and evidence that the
					 employee is a learner shall be retained at the place of employment and be made
					 available for inspection by the Secretary for a period of not less than 3 years
					 after termination of employment of learners.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYMENT OF LEARNERS › Section 231.54 - Denial of an application for a special certificate

Current through Register Vol. 54, No. 28, July 13, 2024
An application for a special certificate may be denied, or
					 the special certificate may be revoked by the Secretary for misrepresentation
					 of facts in the application, for violation of the act or for other good cause
					 shown. In addition, the certificate may be modified because of changes in
					 conditions or circumstances.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYMENT OF STUDENTS › Section 231.61 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An employer who
				  wishes to employ students at less than the prescribed minimum wage shall
				  complete an application on a form furnished by the Secretary.
(b) If the Secretary finds that the requested
				  employment of students at less than the minimum wage is necessary in order to
				  prevent curtailment of opportunities for employment, the Secretary may issue a
				  certificate to the employer authorizing employment at a wage less than the
				  prescribed minimum rate; provided however, that the wage may not be less than
				  85% of the otherwise applicable minimum wage established in section 4 of the
				  act (43 P. S. §
											333.104).
(c) The following two types of special
				  certificates for students may be issued:
(1)
Six or less students.
The employment of six or less students
				  at less than the minimum hourly wage may not create a substantial probability
				  of reducing the full-time employment opportunities for other workers nor shall
				  it impair or depress the wage rates or working standards established for other
				  workers engaged in work of the same or comparable nature.
(2)
Seven or more students.
If employment of students at subminimum wages increases to seven or more
				  students, then the employer must file a new application for the appropriate
				  certificate to hire seven or more students. To qualify for the certificate to
				  hire seven or more students, the employer must maintain a ratio of at least
				  three regular employees to each student employed.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYMENT OF STUDENTS › Section 231.62 - Denial of application for special certificate

Current through Register Vol. 54, No. 28, July 13, 2024
An application for a special certificate may be denied or
					 the special certificate may be revoked by the Secretary for misrepresentation
					 of facts in the application, for violation of the act, or for other good cause
					 shown. In addition, the certificate may be modified because of changes in
					 conditions or circumstances.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYMENT OF WORKERS WITH A DISABILITY › Section 231.71 - Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An employer who
				  wishes to employ workers with a disability at less than the prescribed minimum
				  wage shall complete an application on forms furnished by the
				  Secretary.
(b) The application
				  shall set forth the following information:
(1)
				  The nature of the disability in detail.
(2) A description of the occupation at which
				  the worker with a disability is to be employed.
(3) The wage the employer proposes to pay the
				  worker with a disability per hour.
(4) Other information as may be required by
				  the Secretary.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYMENT OF WORKERS WITH A DISABILITY › Section 231.72 - Conditions for granting certificate

Current through Register Vol. 54, No. 28, July 13, 2024
A certificate may be issued if the application is in proper
					 form and sets forth facts showing that:
(1) The disability impairs the earning
				  capacity of the worker for the work the employee is to perform.
(2) The proposed minimum wage is commensurate
				  with the production capacity of the employee.
The provisions of this §
												231.72 amended under sections
						5(a)(5) and 9 of The Minimum Wage Act of 1968 (43 P.S. §§
													333.105(a)(5) and
						333.109).
This section cited in 34 Pa. Code §
												231.73 (relating to special
						certificate).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYMENT OF WORKERS WITH A DISABILITY › Section 231.73 - Special certificate

Current through Register Vol. 54, No. 28, July 13, 2024
If the application and other available information indicate
					 that the requirements of these §§
										231.71-231.76 (relating to employment of
					 workers with a disability) are satisfied, the Secretary will issue a
					 certificate. If issued, copies of the certificate will be mailed to the
					 employer and the worker with a disability, and if the certificate is not
					 issued, the employer and the worker with a disability will be given written
					 notice of the denial.
The provisions of this §
												231.73 amended under sections
						5(a)(5) and 9 of The Minimum Wage Act of 1968 (43 P.S. §§
													333.105(a)(5) and
						333.109).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYMENT OF WORKERS WITH A DISABILITY › Section 231.74 - Specifications of the certificate

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A certificate will specify, among other things, the name of the worker with a
				  disability, the name of the employer, the occupation in which the worker with a
				  disability is to be employed, the authorized subminimum wage rate and the
				  period of time during which such wage rate may be paid.
(b) A certificate shall be effective for a
				  period to be designated by the Secretary. The worker with a disability employed
				  under the certificate may be paid subminimum wages only during the effective
				  period of the certificate.
(c) The
				  wage rate set in the certificate will be fixed at a figure designated to
				  reflect adequately the earning capacity of the worker with a
				  disability.
(d) A money received by
				  a worker with a disability by reason of a state or Federal pension or
				  compensation program for persons with a disability may not be considered as
				  offsetting any part of the wage due the worker with a disability by the
				  employer.
(e) Except as otherwise
				  provided in section 5(a)-(c) of the act (43 P.S. §
											333.105(a)-(c)), the worker
				  with a disability shall be paid not less than 1 1/2 times the regular rate for
				  hours worked in excess of 40 in the workweek.
(f) The terms of a certificate, including the
				  subminimum wage rate specified therein, may be amended by the Secretary upon
				  written notice to the parties concerned if the facts justify the
				  amendment.
The provisions of this §
												231.74 amended under sections
						5(a)(5) and 9 of The Minimum Wage Act of 1968 (43 P.S. §§
													333.105(a)(5) and
						333.109).
This section cited in 34 Pa. Code §
												231.73 (relating to special
						certificate).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYMENT OF WORKERS WITH A DISABILITY › Section 231.75 - Renewal of certificate

Current through Register Vol. 54, No. 28, July 13, 2024
Application for renewal of a certificate shall be filed in
					 the same manner as an original application. If the application has been filed
					 prior to the expiration date of the certificate, the certificate shall remain
					 in effect until the application for renewal has been granted or
					 denied.
This section cited in 34 Pa. Code §
												231.73 (relating to special
						certificate).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › EMPLOYMENT OF WORKERS WITH A DISABILITY › Section 231.76 - Denial of application for special certificate

Current through Register Vol. 54, No. 28, July 13, 2024
An application for a special certificate may be denied, or
					 the special certificate may be revoked by the Secretary, for misrepresentation
					 of facts in the application, for violation of the act, or for other good cause
					 shown. In addition, the certificate may be modified because of changes in
					 conditions or circumstances.
This section cited in 34 Pa. Code §
												231.73 (relating to special
						certificate).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › SPECIAL DEFINITIONS › Section 231.81 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The term outside salesmen, executive, administrative and
					 professional capacity shall be defined in these §§
										231.81-231.85 (relating to special
					 definitions), and employment in those classifications shall be exempt from both
					 the minimum wage and overtime provisions of the act.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › SPECIAL DEFINITIONS › Section 231.82 - Executive

Current through Register Vol. 54, No. 28, July 13, 2024
Employment in a bona fide executive capacity means work by
					 an individual:
(1) Whose primary duty
				  is the management of the enterprise in which he is employed or of a customarily
				  recognized department or subdivision.
(i) For
				  this section the term "management" is defined as follows: to include, but is
				  not limited to, activities such as interviewing, selecting, and training of
				  employees; setting and adjusting employees' rates of pay and hours of work;
				  directing the work of employees; maintaining production or sales records for
				  use in supervision or control; appraising employees' productivity and
				  efficiency for the purpose of recommending promotions or other changes in
				  status; handling employee complaints and grievances; disciplining employees;
				  planning the work; determining the techniques to be used to perform work;
				  apportioning the work among the employees; determining the type of materials,
				  supplies, machinery, equipment or tools to be used or merchandise to be bought,
				  stocked and sold; controlling the flow and distribution of materials or
				  merchandise and supplies; providing for the safety and security of the
				  employees or the property; planning and controlling the budget, and monitoring
				  or implementing legal compliance measures.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › SPECIAL DEFINITIONS › Section 231.83 - Administrative

Current through Register Vol. 54, No. 28, July 13, 2024
Employment in a bona fide administrative capacity means
					 work by an individual:
(1) Whose
				  primary duty is the performance of office or nonmanual work directly related to
				  management or general business operations of the employer or the customers of
				  the employer.
(i) For the purpose of this
				  section the term "directly related to management or general business
				  operations" is defined as follows: to include, but is not limited to, work in
				  functional areas such as tax; finance; accounting; budgeting; auditing;
				  insurance; quality control; purchasing; procurement; advertising; marketing;
				  research; safety and health; personnel management; human resources; employee
				  benefits; labor relations; public relations, government relations; computer
				  network, internet and database administration; legal and regulatory
				  compliance.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part XII - Bureau of Labor Law Compliance › Chapter 231 - MINIMUM WAGE › SPECIAL DEFINITIONS › Section 231.84 - Professional

Current through Register Vol. 54, No. 28, July 13, 2024
Employment in a bona fide professional capacity means work
					 by an individual:
(1) Whose primary
				  duty is the performance of work requiring either of the following:
(i) Knowledge of an advanced type in a field
				  of science or learning customarily acquired by a prolonged course of
				  specialized instruction and study.
(ii) Invention, imagination, originality or
				  talent in a recognized field of artistic or creative endeavor.