Senate Bill 1085 Printer's Number 1353
PENNSYLVANIA, December 10 - reasonable expenses incurred in the exercise of board duties.
(2) An employer who serves as a member of the board
shall grant reasonable leave to the worker to participate in
board activities without loss of compensation.
(3) An employer may not penalize or retaliate against a
direct care worker because of the worker's participation in
any of the activities of the board.
(4) The secretary may assess a civil penalty in an
amount determined by the secretary against an employer who
violates this subsection. Money collected as penalties under
this paragraph shall be paid to the department to reimburse
the board for the costs incurred by the board in performing
its duties.
Section 5. Minimum wage.
(a) Duty of secretary to establish rate.--Upon consideration
of the compensation schedule submitted under section 4(a)(3),
the secretary shall establish by regulation a minimum wage rate
at which direct care workers shall be paid, provided that the
rate established by the secretary is not less than the hourly
minimum wage rate that is required under the act of January 17,
1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968.
(b) Limitation.--Once the minimum wage rate is established
under subsection (a), the rate may not be lowered unless
approved by a unanimous vote of the board.
(c) Penalties.--An employer who fails to pay the minimum
wage rate established under subsection (a) shall be subject to a
fine of $1,000 for the first violation, $5,000 for the second
violation and $10,000 for each subsequent violation to be
assessed by the department.
(d) Civil actions.--If a direct care worker is paid by the
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