ENHANCED MINIMUM WAGE PROVISIONS.pdf

PDF 97 KB Posted

Attached to
Beaver Co. Maintenance Uniforms
Solicitation number
6100066584
Issued by
Allegheny County, Beaver County, Brodheadsville CDP, Ringtown Borough, Pennsylvania

About this file

This document contains Enhanced Minimum Wage Provisions applicable to state and local contracts in Pennsylvania, specifically governing compensation requirements for the Beaver County Maintenance Uniforms procurement. The provisions establish a baseline compensation requirement of $15.00 per hour for employees directly performing contracted services and those spending at least 20 percent of their time on ancillary services necessary to contract performance. Beginning July 1, 2023, and annually thereafter, the minimum wage rate shall increase according to the annual cost-of-living adjustment based on the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for Pennsylvania, New Jersey, Delaware, and Maryland, with adjusted amounts published in the Pennsylvania Bulletin by March 1 of each year for implementation the following July 1. The contractor must maintain employment and wage records to document compliance and shall post these provisions conspicuously at work sites throughout the contract term.

The provisions contain several exceptions, including exemptions for employees covered by the Minimum Wage Act of 1968, collective bargaining agreements, or required to receive higher wages under prevailing wage laws, Davis-Bacon Act requirements, or state and local ordinances. Contractors must flow down these provisions to all subcontractors to ensure binding compliance. Failure to comply may result in sanctions including contract termination, nonpayment, debarment, or referral to the Office of General Counsel for civil or criminal action. These requirements apply to the uniform rental and services contract for Beaver County maintenance personnel.

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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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