Bill Text: PA SB951 | 2009-2010 | Regular Session | Amended

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Bill Title: Further providing for remedies and penalties.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2009-07-09 - Re-referred to APPROPRIATIONS [SB951 Detail]

Download: Pennsylvania-2009-SB951-Amended.html

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PRIOR PRINTER'S NO. 1154 PRINTER'S NO. 1200
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 951 Session of2009
INTRODUCED BY McILHINNEY, GORDNER, RAFFERTY, ALLOWAY, FOLMER, M. WHITE, SMUCKER AND BRUBAKER, JUNE 11, 2009
SENATOR GORDNER, LABOR AND INDUSTRY, AS AMENDED, JUNE 23, 2009
AN ACT
Amending the act of August 15, 1961 (P.L.987, No.442), entitled
"An act relating to public works contracts; providing for
prevailing wages; imposing duties upon the Secretary of Labor
and Industry; providing remedies, penalties and repealing
existing laws," further providing for remedies and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 11 of the act of August 15, 1961
(P.L.987, No.442), known as the Pennsylvania Prevailing Wage
Act, is amended to read:
Section 11. Remedies and Penalties.--(a) The fiscal or
financial officer, or any public body having public work
performed under which any workman shall have been paid less than
the prevailing wage, shall forthwith notify the secretary, in
writing, of the name of the person or firm failing to pay the
prevailing wages.
(b) Any workman may, within three months from the date of
the occurrence of the incident complained of, file a protest, in
writing, with the secretary objecting to the amount of wages
paid for services performed by him on public work as being less
than the prevailing wages for such services.
(c) Whenever a fiscal or financial officer of any public
body shall notify the secretary that any person or firm required
to pay its workmen the prevailing wage under this act has failed
so to do, or whenever any workman employed upon public work
shall have filed a timely protest objecting that he has been
paid less than prevailing wages as required by this act, it
shall be the duty of and the secretary shall forthwith
investigate the matter and determine whether or not there has
been a failure to pay the prevailing wages and whether such
failure was intentional or otherwise. In any such investigation,
the secretary shall provide for an appropriate hearing upon due
notice to interested parties including the workmen, the employer
and their respective representative, if any.
(d) In the event that the secretary shall determine, after
notice and hearing as required by this section, that any person
or firm has failed to pay the prevailing wages and that such
failure was not intentional, he shall afford such person or firm
a reasonable opportunity to adjust the matter by making payment
or providing adequate security for the payment of the amounts
required to be paid under this act as prevailing wages to the
workmen affected on such terms and conditions as shall be
approved by the secretary.
(e) In the event that the secretary shall determine, after
notice and hearing as required by this section, that any person
or firm has failed to pay the prevailing wages and that such
failure was intentional, [he shall thereupon notify all public
bodies of the name or names of such persons or firms and no
contract shall be awarded to such persons or firms or to any
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firm, corporation or partnership in which such persons or firms
have an interest until three years have elapsed from the date of
the notice to the public bodies aforesaid.] the secretary is
authorized to assess and collect administrative penalties up to
double five times the amount of underpayment of wages for the <--
first offense, up to ten times the amount of underpayment of
wages for a second offense and, if a third violation occurs
within ten years from the first notice, the secretary shall
notify all public bodies of the name of the person or firm and
no contract shall be awarded to the person or firm or to any
firm, corporation or partnership in which the person or firm has
an interest until three years have elapsed from the date of the
notice of the third offense. The secretary may in addition
thereto request the Attorney General to proceed to recover the
penalties for the Commonwealth of Pennsylvania which are payable
under subsection (f) of this section.
(f) Whenever it shall be determined by the secretary, after
notice and hearing as required by this section, that any person
or firm has failed to pay the prevailing wages and that such
failure was intentional, such persons or firm shall be liable to
the Commonwealth of Pennsylvania for liquidated damages, in
addition to damages for any other breach of the contract in the
amount of the underpayment of wages due any workman engaged in
the performance of such contract.
(g) It shall not constitute a failure to pay the prevailing
wage rates for the work of a particular craft or classification
where the prevailing wage rates determined for a specific craft
or classification has been paid, and it is asserted that one or
more bona fide craft unions contend that the work should have
been assigned to their members instead of the members of the
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specific craft to whom it was assigned or by whom it was
performed.
(h) The following shall constitute substantial evidence of
intentional failure to pay prevailing wage rates:
(1) Any acts of omission or commission done wilfully or with
a knowing disregard of the rights of workmen resulting in the
payment of less than prevailing wage rates.
(2) After there has been a finding by the secretary in the
manner required by this section that any person or firm has
failed to pay the prevailing wages prescribed by this act and
thereafter there shall be a failure by such person or firm to
pay the prevailing wages prescribed by this act, or there shall
be a subsequent failure of such person or firm to comply with
any opportunity to adjust any differences which shall be
afforded him by the secretary.
Section 2. The amendment of section 11 of the act shall
apply to a person or firm that has failed to pay prevailing
wages in violation of section 11(e) of the act on or after the
effective date of this section.
Section 3. This act shall take effect in 60 days.
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