Enhanced Minimum Wage Provisions (February 2024).pdf

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Attached to
Roofing Systems Maintenance
Solicitation number
6100065877
Issued by
York County, Pennsylvania

About this file

This document outlines Enhanced Minimum Wage Provisions established by the Commonwealth of Pennsylvania for state and local contract opportunities, effective February 2024. The provisions establish baseline compensation requirements and compliance obligations for contractors performing services under state contracts or leases. The contract term encompasses the entire period of the agreement, with wage adjustments implemented annually beginning July 1, 2023, and continuing thereafter.

Contractors must pay a minimum wage of $15.00 per hour to employees performing direct services and ancillary services exceeding 20% of weekly hours. Annual cost-of-living adjustments will be calculated using 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 each year for implementation on July 1. Exemptions apply to employees exempt under the Minimum Wage Act of 1968, those covered by collective bargaining agreements, and employees required to receive higher wages under prevailing wage laws or other state and federal statutes. Contractors must post notice of these provisions in accessible work locations or provide electronic notice to employees annually, maintain complete employment and wage records for Commonwealth review, and include these provisions in all subcontracts. Failure to comply may result in contract termination, nonpayment, debarment, or referral to the Office of General Counsel.

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Enhanced Minimum Wage Provisions (February 2024)

a. Enhanced Minimum Wage. Contractor shall 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 services or lease when the employee spends at least 20% of their �me performing ancillary services in a given work week.

b. Adjustment. Beginning July 1, 2023, and annually therea�er, the minimum wage rate will 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 Commonwealth will publish applicable adjusted amount in the Pennsylvania Bulle�n by March 1 of each year to be effec�ve the following July 1.

c. Excep�ons. These Enhanced Minimum Wage Provisions do not apply to employees

i. Exempt from minimum wage under the Minimum Wage Act of 1968;

ii. covered by a collec�ve bargaining agreement;

iii. 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

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

d. No�ce. The Contractor shall: (1) post this Enhanced Minimum Wage Provision for the en�re 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; or (2) for the en�re period of the contract, provide electronic no�ce of this clause to its employees not less than annually.

e. Records. Contractor must maintain and, upon request and within the �me periods requested by the Commonwealth, provide to the Commonwealth all employment and wage records necessary to document compliance with these Enhanced Minimum Wage Provisions.

f. Sanc�ons. Contractor’s failure to comply with these Enhanced Minimum Wage Provisions may result in the imposi�on of sanc�ons, which may include, but are not limited to, termina�on of the contract or lease, nonpayment, debarment, or referral to the Office of General Counsel for appropriate civil or criminal referral.

g. Subcontractors. The Contractor shall include these Enhanced Minimum Wage Provisions in its subcontracts under this contact or lease to ensure that these provisions are binding on its subcontractors.

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