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Senate Bill 341 Printer's Number 278

PENNSYLVANIA, February 26 - Section 10. Liquidated Damages.--Where wages remain unpaid

for thirty days beyond the regularly scheduled payday, or, in

the case where no regularly scheduled payday is applicable, for

sixty days beyond the filing by the employe of a proper claim or

for sixty days beyond the date of the agreement, award or other

act making wages payable, or where shortages in the wage

payments made exceed five percent (5%) of the gross wages

payable on any two regularly scheduled paydays in the same

calendar quarter, and no good faith contest or dispute of any

wage claim including the good faith assertion of a right of set-

off or counter-claim exists accounting for such non-payment, the

employe shall be entitled to claim, in addition, as liquidated

damages an amount equal to [twenty-five percent (25%) of the

total amount of wages due, or five hundred dollars ($500),

whichever is greater.] triple the unpaid wages due or two

thousand dollars ($2,000), whichever is greater, and attorney

fees. Each week in which an employe is paid less than the

applicable wage under this act shall constitute a separate

violation that shall be subject to a separate penalty.

Section 11.1. Criminal Penalties.--(a) The secretary or any

employe, group of employes, labor organization or party to whom

any type of wages is payable may institute prosecutions under

this act.

(b) In addition to any other penalty or punishment otherwise

prescribed by law, any employer who violates any provisions of

this act [shall be guilty of a summary offense and, upon

conviction thereof,] shall be punished by a fine of not [more]

less than three hundred dollars ($300) nor more than one

thousand dollars ($1,000), or by imprisonment up to 90 days, or

by both[, for each offense]. Each day of the failure to comply

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