ENHANCED MINIMUM WAGE PROVISIONS.pdf

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Attached to
D 11-1 mats and rags
Solicitation number
6100062732
Issued by
Allegheny County, Brodheadsville CDP, Philadelphia City, Pennsylvania

About this file

This document is an Enhanced Minimum Wage Provisions policy dated July 2022 that applies to contractors and lessors providing services to the Commonwealth of Pennsylvania. The provisions establish a minimum wage requirement of $15.00 per hour for employees directly performing contracted services, as well as those spending at least 20% of their time on ancillary services related to the contract. Beginning July 1, 2023, the minimum wage rate will be adjusted annually based on the Consumer Price Index for All Urban Consumers (CPI-U) for Pennsylvania, New Jersey, Delaware, and Maryland, with adjusted rates published in the Pennsylvania Bulletin by March 1 of each year.

The provisions include specific compliance requirements including posting notices in accessible locations, maintaining detailed employment and wage records, and extending these requirements to all subcontractors. Exceptions are made for employees exempt under the Minimum Wage Act of 1968, those covered by collective bargaining agreements, and workers already subject to higher wages under other state/federal laws or local ordinances. Non-compliance may result in contract termination, nonpayment, debarment, or legal referral to the Office of General Counsel.

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Enhanced Minimum Wage Provisions (July 2022)

1. Enhanced Minimum Wage. Contractor/Lessor agrees to pay no less than $15.00 per hour to its employees for all hours worked directly performing the services called for in this Contract/Lease, and for an employee’s hours performing ancillary services necessary for the performance of the contracted services or lease when such employee spends at least twenty per cent (20%) of their time performing ancillary services in a given work week.

2. Adjustment. Beginning July 1, 2023, and annually thereafter, the minimum wage rate shall be increased by an annual cost-of-living adjustment using the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for Pennsylvania, New Jersey, Delaware, and Maryland. The applicable adjusted amount shall be published in the Pennsylvania Bulletin by March 1 of each year to be effective the following July 1.

3. Exceptions. These Enhanced Minimum Wage Provisions shall not apply to employees:

a. exempt from the minimum wage under the Minimum Wage Act of 1968;

b. covered by a collective bargaining agreement;

c. required to be paid a higher wage under another state or federal law governing the services, including the Prevailing Wage Act and Davis-Bacon Act; or

d. required to be paid a higher wage under any state or local policy or ordinance.

4. Notice. Contractor/Lessor shall post these Enhanced Minimum Wage Provisions for the entire period of the contract conspicuously in easily-accessible and well-lighted places customarily frequented by employees at or near where the contracted services are performed.

5. Records. Contractor/Lessor must maintain and, upon request and within the time periods requested by the Commonwealth, furnish all employment and wage records necessary to document compliance with these Enhanced Minimum Wage Provisions.

6. Sanctions. Failure to comply with these Enhanced Minimum Wage Provisions may result in the imposition of sanctions, which may include, but shall not be limited to, termination of the contract or lease, nonpayment, debarment or referral to the Office of General Counsel for appropriate civil or criminal referral.

7. Subcontractors. Contractor/Lessor shall include the provisions of these Enhanced Minimum Wage Provisions in every subcontract so that these provisions will be binding upon each subcontractor.

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