4 Pa. Code Subchapter Eee. Minimum Wage For Employees Of The Commonwealth And Of Organizations Receiving State Contracts

Pennsylvania Code

Subchapter EEE. MINIMUM WAGE FOR EMPLOYEES OF THE COMMONWEALTH AND OF ORGANIZATIONS RECEIVING STATE CONTRACTS

Sec.

1.841.    Minimum wage.
1.842.    Coverage.
1.843.    Implementation.
1.844.    Sanctions.
1.845.    Application.
1.846.    Effective dates.

Source

   The provisions of this Subchapter EEE adopted by Executive Order No. 2016-02, dated March 7, 2016, 46 Pa.B. 1529, unless otherwise noted.
§ 1.841. Minimum wage.

All employees covered by this subchapter, other than tipped employees, shall be paid no less than:
   (1)  $15.00 per hour after the effective date of this subchapter.
   (2)  Beginning 2023 and thereafter, the minimum wage rate will be increased by an annual cost-of-living adjustment using the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for Pennsylvania, New Jersey, Delaware and Maryland. The application amount shall be published in the Pennsylvania Bulletin by March 1 of each year to be effective the following July 1.
   (3)  Employees of contractors and lessors covered by §  1.842(2) (relating to coverage) with contracts or leases that were executed prior to the issuance of this amended subchapter and contain requirements for an enhanced minimum wage shall continue to operate under the contract or lease requirements unless a bilateral modification is negotiated and executed.

Source

   The provisions of this §  1.841 amended by Executive Order No. 2016-02 Amended, dated June 18, 2018, 48 Pa.B. 4211; amended by Executive Order 2016-02, as amended, dated January 25, 2022, 52 Pa.B. 936. Immediately preceding text appears at serial page (392854).
§ 1.842. Coverage.

The employees covered by this subchapter are:
   (1)  Employees of Commonwealth agencies under the jurisdiction of the Governor.
   (2)  Employees, as defined in section 3 of the Minimum Wage Act of 1968 (43 P.S. §  333.103), who, as set forth in a new lease of property or contract for services or construction executed after the effective date of this subchapter that exceeds the applicable small purchase threshold and is entered into with a Commonwealth agency under the jurisdiction of the Governor, including bilateral modifications to existing leases or contracts:
     (i)   directly perform services or construction; or
     (ii)   directly perform services for the Commonwealth and are employed by a lessor of property to the Commonwealth; or
     (iii)   spend at least 20% of their working time in a given work week performing an ancillary service.

Source

   The provisions of this §  1.842 amended by Executive Order 2016-02, as amended, dated January 25, 2022, 52 Pa.B. 936. Immediately preceding text appears at serial page (392854).

Cross References

   This section cited in 4 Pa. Code §  1.841 (relating to minimum wage); and 4 Pa. Code §  1.846 (relating to effective dates).
§ 1.843. Implementation.

All Commonwealth agencies under the jurisdiction of the Governor shall take all steps necessary to implement this subchapter. Independent agencies, State-affiliated entities and State-related institutions are also strongly encouraged to implement this subchapter.

Source

   The provisions of this §  1.843 amended by Executive Order 2016-02, as amended, dated January 25, 2022, 52 Pa.B. 936. Immediately preceding text appears at serial page (392855).
§ 1.844. Sanctions.

Failure of a covered contractor or lessor to comply with the provisions of this subchapter may result in the imposition of sanctions, which may include, but shall not be limited to, termination of the contract or lease, nonpayment, debarment or referral to the Office of General Counsel for appropriate civil or criminal referral.

Source

   The provisions of this §  1.844 amended by Executive Order 2016-02, as amended, dated January 25, 2022, 52 Pa.B. 936. Immediately preceding text appears at serial page (392855).
§ 1.845. Application.

(a)  Nothing in this subchapter shall be construed to contravene or supersede:
   (1)  any State or Federal law or collective bargaining agreement; or
   (2)  any State or local policy requiring a covered employee to be paid more than the minimum wage required by this subchapter.
(b)  The provisions of this subchapter shall not be applicable when the provisions may jeopardize the receipt of Federal funds.
(c)  This subchapter is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its departments, agencies or entities, its officers, employees or agents, or any other person.

Source

   The provisions of this §  1.845 amended by Executive Order 2016-02, as amended, dated January 25, 2022, 52 Pa.B. 936. Immediately preceding text appears at serial page (392855).
§ 1.846. Effective dates.

This subchapter shall take effect on the following dates and shall remain in effect until modified or rescinded:
   (1)  For employees described in §  1.842(1) (relating to coverage), on January 31, 2022.
   (2)  For employees described in §  1.842(2), on the effective date of the applicable contract or lease solicited or bilaterally modified on or after July 1, 2022.

Source

   This provisions of this §  1.846 amended by Executive Order No. 2016-02 Amended, dated June 18, 2018, 48 Pa.B. 4211; amended by Executive Order 2016-02, as amended, dated January 25, 2022, 52 Pa.B. 936. Immediately preceding text appears at serial page (392855).

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