STATEMENTS OF POLICY

Title 34—LABOR AND INDUSTRY

DEPARTMENT OF LABOR AND INDUSTRY

[34 PA. CODE CH. 231]

Regulations for Minimum Wage

[52 Pa.B. 7140]
[Saturday, November 19, 2022]

 The Department of Labor and Industry (Department) deletes the statement of policy set forth in § 231.101.

Statutory Authority

 The Department deletes this statement of policy as set forth in Annex A under the authority granted by section 9 of the Minimum Wage Act of 1968 (act) (43 P.S. § 333.109), which authorizes the Secretary of the Department to enforce the act and to draft and revise regulations that are deemed appropriate to carry out the act's provisions.

Purpose

 The Department is deleting the statement of policy found in § 231.101 because the Department promulgated a final-form rulemaking that addresses the same subjects. In particular, the statement of policy regarding tipped employees conflicts with the Department's final-form rulemaking regarding the amount an employee must earn before being considered a tipped employee. In addressing the Independent Regulatory Review Commission's comments to the final-form rulemaking published at 52 Pa.B. 2701 (May 7, 2022) (Regulation # 12-114), the Department asserted that it would be deleting the obsolete statement of policy at § 231.101 upon publication of the final-form rulemaking. The Department's final-form regulation was published with an effective date of August 5, 2022. Accordingly, this statement of policy is no longer necessary and is hereby deleted.

Description

 Section 231.101(a) sets forth a graduating scale of the minimum wage that employers were required to pay to its employees and the effective date of these minimum wage increases. This statement of policy was an interpretation of subsection 4(a)(6)—(8) and (a.1) of the act (43 P.S. §§ 333.104(a)(6)—(8)) and (a.1).

 Section 231.101(b) sets forth the minimum rate that employers were required to pay employees who customarily and regularly performed tipped duties. This statement of policy was an interpretation of section 3 of the act (43 P.S. § 333.103).

Fiscal Impact

 The deletion of § 231.101 will have no fiscal impact on the Department, the Commonwealth and the general public.

Effective Date

 The deletion of 34 Pa. Code § 231.101 is effective upon publication in the Pennsylvania Bulletin.

JENNIFER BERRIER, 
Secretary

 Fiscal Note: 12-118. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 34. LABOR AND INDUSTRY

PART XII. BUREAU OF LABOR LAW COMPLIANCE

CHAPTER 231. MINIMUM WAGE

MINIMUM WAGE INCREASE AND
TRAINING WAGE

§ 231.101. [Reserved].

[Pa.B. Doc. No. 22-1783. Filed for public inspection November 18, 2022, 9:00 a.m.]

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