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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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