Hanna, 110932 PAAGO, AGO 72

• Case Date: November 09, 1932
• Court: Pennsylvania

Honorable John L. Hanna AGO 72 Opinion No. 72 Pennsylvania Attorney General Opinions Opinions Of The Attorney General November 9, 1932          Wage specifications—Violation or evasion of by contractor—Penalty—Department of Property and Supplies—The Administrative Code of 1929 as amended by Act of 1931, P. L. 350.          If a contractor deliberately violates or evades the wage specifications, and subsequently pays to the employes the difference between the minimum wage rate and the wages which they were originally paid, the contractor has violated Section 522 of The Administrative Code of 1929, and is liable for the penalty imposed.          If a contractor pays the minimum wages stipulated in the contract and through an arrangement with the employes later receives a refund of a part of the wages from the employes, either directly or indirectly, the contractor has violated Section 522 and is liable for the penalty provided.          Department of Justice,          Honorable John L. Hanna,          Secretary of Property and Supplies,          Harrisburg, Pennsylvania.          Sir: We have your request to be informed with regard to the following questions:

"1. If the Contractor deliberately violates or evades the Wage Specifications, and subsequently pays to the employes the amount of wages which they were originally underpaid, is the Contractor thereby relieved from the penalty imposed under Section No. 522 of the Act of Assembly referred to above?

"2. If the Contractor pays the wages specified in the contract and, through an arrangement with the employes, later receives a refund of a part of the wages from the wage-earners, either directly or indirectly, does this method of evading the Wage Specifications subject the Contractor to the prescribed penalty!"

         Your questions arise under Section 522 of The Administrative Code of 1929, as amended by the Act of June 1, 1931, P. L. 350, which authorizes the Commonwealth to provide minimum wage requirements in the specifications upon which contracts for the construction, alteration, or repair of public works are entered into by the Commonwealth, and which stipulate penalties for violations of these requirements.          This section provides as follows:

"The specifications upon which contracts are entered into by the Commonwealth for the construction, alteration, or repair of any public work shall, as far as possible, contain the minimum wage or wages which may be paid by the contractor

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