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§ 1301.206. Wage payment

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. Labor

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 43 P.S. Labor (Refs & Annos)
Chapter 21. Seasonal Farm Labor Act (Refs & Annos)
Chapter 2. Wages and Hours
43 P.S. § 1301.206
§ 1301.206. Wage payment
(a) Notwithstanding any contrary provisions of the act of July 14, 1961 (P.L. 637, No. 329), known as the “Wage Payment and Collection Law,1” every employer of seasonal farm labor shall pay directly all wages due to every seasonal farm worker, on account of time, labor or employment in any calendar week, including payment for piece rates, or differential piece rates, excepting only lawful deductions, on regular paydays designated in advance by the employer but in no case more than seven days after the end of such calendar week.
(b) Wages shall be paid in lawful money of the United States or by check.
(c) Notwithstanding any provisions of subsection (a), or of any other law, every employer of seasonal farm labor, pursuant to subsection (b), shall pay in full all wages or other compensation for time, labor and employment due and payable to every seasonal farm worker by the end of the next business day after termination of the period of employment for which the seasonal farm worker was employed: Provided, however, That such payment must be made before the closing of the seasonal farm labor camp.
(d) No employer of seasonal farm labor shall deduct, withdraw, withhold or otherwise retain from the wages of any seasonal farm worker any amount on account of debts accrued or anticipated, regardless of purposes of circumstances: Provided, That nothing in this subsection shall prohibit any employer of seasonal farm labor from deducting or withholding from any wages paid such amounts as may be required on account of any tax, or of any Social Security payment, or of dues payable to a recognized labor organization, or any contribution or voluntary subscription for the support of a charitable organization or institution or on account of any premium or other charge due from the seasonal farm worker for group insurance pursuant to any contract with any insurance company, or with any nonprofit corporation providing medical, osteopathic, dental or legal services, or reasonable charges for housing and meals provided by the employer, which the seasonal farm worker has authorized in writing, or of any amount of partial amount of any advance payment by the employer to the seasonal farm worker against subsequent earnings pursuant to a contract or prior agreement with such seasonal farm worker.
(e) No employer of seasonal farm labor shall designate as his agent or shall permit to act or perform as his agent, with respect to the payment of wages or other compensation, any farm labor contractor or any person engaged in activities as a farm labor contractor; except as provided in subsection (g); and except that this subsection shall not apply to any person, firm, partnership, association or corporation which is the holder of a valid and current license pursuant to the act of July 31, 1941 (P.L. 616, No. 261), known as the “Employment Agency Law,”2 or the farmer, grower, nurseryman or landowner acting as his own farm labor contractor.
(f) No provision of this section shall be construed to deprive any seasonal farm worker of any right or privilege to which he is or would be entitled under any general law of the Commonwealth, or by any rules or regulations promulgated pursuant to any such law.
(g) If an employer of seasonal farm workers furnishes a statement to each seasonal farm worker including the wage rate or rates, piece rate or rates and other conditions and practices of employment which have been agreed upon prior to hiring and also posts such statement in a place easily accessible to the seasonal farm workers, then the employer may allow a farm labor contractor to act as his agent. If the employer decides to allow a farm labor contractor to act as his agent, then for the purposes of section 205(b)3 and section 206 the farm labor contractor shall be considered to be the employer.

Credits

1978, June 23, P.L. 537, No. 93, § 206, effective in 90 days.

Footnotes

43 P.S. § 260.1 et seq.
43 P.S. § 535 et seq.
43 P.S. § 1301.205.
43 P.S. § 1301.206, PA ST 43 P.S. § 1301.206
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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