Pennsylvania Statutes Title 43 P.S. Labor § 333.105a. Program established

(a) The Food Service Employe Incentive Program is established to provide an incentive for both new employes of restaurant or food service operations and employers who are engaged as restaurant or food service operators in Pennsylvania who may choose to participate in the program and shall be subject to the provisions of this section.

(b) Individuals who a participating restaurant employer finds to be qualified for existing job vacancies, including persons on public assistance, may be hired for a training period as set forth in subsection (i), provided the employe works a minimum of twenty hours per week.

(c) Employes would receive the usual and customary training commensurate with the position for which they were hired.  Any training costs incurred for the employe shall be the responsibility of the employer.

(d) An amount no less than the difference between the minimum wage and the entry level wage for the position shall be credited on behalf of the training employe in an account named an Employe Incentive Account which shall be maintained by a participating employer.

(e) Deposits made pursuant to subsection (d) shall be credited to the Employe Incentive Account until the employe's training period is completed unless the employe is promoted prior to the conclusion of the training period.  At the conclusion of the training period or sooner, in the event of the employe's promotion prior to the conclusion of the training period, the employer shall pay the employe the normal entry-level wage plus an amount equal to the amount credited to the employe's name in the Employe Incentive Account divided by the number of weeks or part thereof the employe was in the training period.

(f) All funds deposited in an employer's Employe Incentive Account shall be maintained by generally acceptable accounting principles and shall be escrowed in the aggregate.  The employer shall maintain complete and detailed payroll records at the place of employment or at the employer's headquarters offices.  An Employe Incentive Account is nontransferable and nonassignable from one employer to another.  All funds in the Employe Incentive Account shall be the property of employer until such time as required payments are made to the employe pursuant to this section.

(g) All moneys credited in an employe's name in the employer's Employe Incentive Account shall be immediately forfeited by the employe when:

(1) the employe voluntarily terminates employment with the employer prior to completion of the training period specified in subsection (i);  or

(2) the employe is terminated by the employer for willful misconduct as that term is used in the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. 2897, No. 1),  1 known as the “Unemployment Compensation Law,” prior to the completion of the training period specified in subsection (i).

(h) In addition to all responsibilities specified for employes, employers shall provide for payment to the employe of all funds credited in the employe's name in the employer's Employe Incentive Account.  Payment shall be made in equal installments over a period of time equal to the length of the training period.  This payment shall be in addition to the entry-level wage for the position and shall be paid upon successful completion of the training period.  In addition, prior to the commencement of training under this section, an employer shall notify the employe in a manner specified by the department of the entry-level wage that will be the basis for the provisions of this section.

(i) Under this section, the recommended training periods shall be at least, but not more than, the following:

Job Title

Training Period

Dishwashers

2 weeks to 4 weeks

Bus Persons

2 weeks to 4 weeks

Servers

2 weeks to 12 weeks

Sales Staff

2 weeks to 6 weeks

Cooks

4 weeks to 12 weeks

Hostess/Host/Cashier

4 weeks to 12 weeks

(j) Any claims arising under this section shall be brought under the act of July 14, 1961 (P.L. 637, No. 329),  2 known as the “Wage Payment and Collection Law.”

(k) This section shall expire three years after the date on which it takes effect.

1 43 P.S. § 751 note.
2 43 P.S. § 260.1 et seq.

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