ENHANCED MINIMUM WAGE PROVISIONS.pdf

PDF 97 KB Posted

Attached to
D 11-2 Janitorial services for Beaver
Solicitation number
6100065905
Issued by
Allegheny County, Beaver County, Brodheadsville CDP, Ringtown Borough, Pennsylvania

About this file

This is an Enhanced Minimum Wage Provisions document issued by the Commonwealth of Pennsylvania establishing wage requirements for state and local contract opportunities. The provisions apply to all employees performing services directly under the contract as well as employees spending at least twenty percent of their time performing ancillary services necessary to contract performance. Contractors and lessors must post these provisions conspicuously in accessible and well-lighted areas where employees work and maintain employment and wage records for Commonwealth review upon request.

The enhanced minimum wage is set at $15.00 per hour effective July 2022, with annual cost-of-living adjustments beginning July 1, 2023, calculated using the Consumer Price Index for All Urban Consumers (CPI-U) for Pennsylvania, New Jersey, Delaware, and Maryland, and published in the Pennsylvania Bulletin by March 1 each year. Exemptions apply to employees exempt under the Minimum Wage Act of 1968, those covered by collective bargaining agreements, and employees required to be paid higher wages under prevailing wage, Davis-Bacon, or other state or local laws and ordinances. Contractors must include these provisions in all subcontracts. Failure to comply may result in contract termination, nonpayment, debarment, or referral to the Office of General Counsel for civil or criminal action.

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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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