43 P.S. section 333.114a preempts Pennsylvania localities from setting a minimum wage above the state floor of 7.25 dollars. Philadelphia can require higher wages only for city employees and contractors under the 21-Twenty-One Living Wage and Subcontractor Acts.
Pennsylvania's Minimum Wage Preemption Act, 43 P.S. 333.114a, bars municipalities from enacting a minimum wage exceeding the state and federal floor of 7.25 dollars per hour for private employers. Philadelphia therefore cannot raise the broad minimum wage. Title 17, Chapter 17-1300 (Twenty-One Wage Standard) and Code section 17-1305 require city contractors and subcontractors providing services to the City to pay 16 dollars or more, indexed annually. Title 20, section 20-200 governs city employees on the same scale. Philadelphia advocates have repeatedly urged Harrisburg to repeal preemption, but the state floor remains 7.25 dollars. Tipped workers follow 43 P.S. 333.103 federal-tied tip credit rules.
Wage-theft below the state minimum is recoverable as unpaid wages plus liquidated damages under 43 P.S. 260.10; city-contractor underpayment is enforced by Philadelphia Office of Labor Standards with debarment up to three years.
See how Philadelphia's minimum wage preemption rules stack up against other locations.
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