HB 470 — An Act providing for meal breaks or rest periods for employees; and imposing penalties.

PRINTER'S NO.    453

                    THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        HOUSE BILL
                        No. 470
                                               Session of
                                                 2025

     INTRODUCED BY HOWARD, KHAN, PIELLI, HILL-EVANS, WAXMAN, FIEDLER,
        FREEMAN, SCHLOSSBERG, GIRAL, KENYATTA, MAYES, CERRATO,
        SANCHEZ AND DONAHUE, FEBRUARY 4, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 4, 2025


                                    AN ACT
 1   Providing for meal breaks or rest periods for employees; and
 2      imposing penalties.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5   Section 1.    Short title.
 6      This act shall be known and may be cited as the Paid Rest
 7   Period for Workers Act.
 8   Section 2.    Definitions.
 9      The following words and phrases when used in this act shall
10   have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Employee."    An individual who works part time or full time
13   for an employer or who is under the direction of an employer or
14   a subcontractor of the employer for wages, salary or
15   remuneration of any type under contract or subcontract of
16   employment.
17      "Employer."    Any person, including an agent of the person,
 1   that engages the services of 15 or more employees for wages,
 2   remuneration or other compensation.
 3      "Meal break or rest period."    A period of time in which an
 4   employee is permitted to eat lunch or another meal or engage in
 5   permitted personal activities and that serves a different
 6   purpose than a coffee break, snack break or water break.
 7      "Secretary."   The Secretary of Labor and Industry of the
 8   Commonwealth.
 9   Section 3.   Meal break or rest period required.
10      (a)    Requirement.--An employee working in this Commonwealth
11   may not be required to work five or more consecutive hours at
12   one time without the employee being given the opportunity to
13   take at least 30 consecutive minutes for a meal break or rest
14   period.
15      (b)    Paid meal breaks or rest periods.--A meal break or rest
16   period required under this act shall be paid and deemed time
17   worked under the act of January 17, 1968 (P.L.11, No.5), known
18   as The Minimum Wage Act of 1968, for the full duration of the
19   meal break or rest period.
20   Section 4.   Exemptions.
21      (a)    Applicability to collective bargaining agreements.--This
22   act shall not apply to employees covered by a collective
23   bargaining agreement that specifically addresses meal breaks or
24   rest periods if the collective bargaining agreement provides the
25   same or better rights, protections and benefits that are
26   provided to employees under this act.
27      (b)    Emergencies at work place.--A meal break or rest period
28   may not be required in cases of an emergency when there is a
29   danger to property, public safety or public health.
30   Section 5.   Investigations.

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 1      (a)   Authorization.--If the secretary receives information
 2   indicating that this act may have been violated, the secretary
 3   may investigate the matter.
 4      (b)   Permitted actions.--The secretary may take any of the
 5   following actions:
 6            (1)   Enter and inspect a worksite or place of business at
 7      any reasonable time to examine and inspect records that
 8      relate to the compliance of this act.
 9            (2)   Subpoena witnesses, administer oaths, examine
10      witnesses and copy or compel the production of records,
11      contracts and other documents that are necessary and
12      appropriate to the enforcement of this act.
13            (3)   Petition the Commonwealth Court to enforce any
14      subpoena or order issued by the Department of Labor and
15      Industry.
16   Section 6.     Penalties.
17      (a)   Administrative penalty.--An employer who violates this
18   act shall be subject to an administrative penalty of not less
19   than $100 and not more than $500 per violation. For the purposes
20   of this section, the following shall apply:
21            (1)   Each employee that is affected by a violation of
22      this act shall constitute a separate violation.
23            (2)   Each meal break or rest period that an employer
24      remains in violation of this act shall constitute a new and
25      separate violation.
26      (b)   Other relief.--In addition to penalties provided under
27   this section, the secretary shall be permitted to seek other
28   relief, including injunctive relief and costs, reasonable
29   attorney fees and investigation costs.
30      (c)   Lost wages.--If an affected employee was denied a paid

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1   meal break or rest period required under section 3, the
2   secretary may recover the employee's lost wages on behalf of the
3   employee. If the secretary recovers lost wages under this
4   subsection, the secretary shall transfer any recovery of lost
5   wages to the employee.
6   Section 7.   Effective date.
7      This act shall take effect in 90 days.




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