PENNSYLVANIA, June 23 - Pt. 541 (relating to defining and delimiting the exemptions

for executive, administrative, professional, computer and

outside sales employees).

(3) The General Assembly seeks to avoid, to the greatest

extent possible and consistent with the public policy of the

Commonwealth, the burdening of employers and employees with

two different sets of Federal and State standards.

(4) As a result of the General Assembly and the

Department of Labor and Industry of the Commonwealth failing

to update in accordance with the amendments and revisions to

the Fair Labor Standards Act of 1938 and its implementing

regulations and interpretive guidance, unintended

discrepancies have arisen between Federal and State law.

(5) The discrepancies between Federal and State law have

caused confusion for employers and employees and have

resulted in instances in which good faith compliance with

Federal law has nonetheless been deemed to be in violation of

State law.

Section 3. Construction of The Minimum Wage Act of 1968.

The following apply:

(1) The act of January 17, 1968 (P.L.11, No.5), known as

The Minimum Wage Act of 1968, shall be construed in pari

materia with 29 U.S.C. Ch. 9 (relating to portal-to-portal

pay) and sections 7 and 13 and the other provisions of 29

U.S.C. § 201 et seq. (Fair Labor Standards Act of 1938),

including regulations in effect on or after the effective

date of this section.

(2) The minimum cash wage for tipped employees shall be

$2.83 per hour. If the minimum cash wage for tipped employees

specified in the Fair Labor Standards Act of 1938 is

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