HARRISBURG – Today, the Pennsylvania Chamber of Business and Industry hailed a recent state Supreme Court ruling as a significant victory for taxpayers and employers in the ongoing debate over the application of the Commonwealth’s Prevailing Wage Act. The decision, which upheld a 2022 Commonwealth Court ruling in the case of Ursinus College v. Prevailing Wage Appeals Board, reinforces the longstanding interpretation of the law.
In response to this ruling, PA Chamber President and CEO Luke Bernstein issued the following statement:
“This ruling reaffirms our position that the Prevailing Wage Act should not be applied more broadly to private projects. The decision helps maximize private sector investment and growth while providing clarity for businesses operating in Pennsylvania.”
The PA Chamber previously coordinated a coalition of leading industry associations in submitting amicus curiae briefs to both the Commonwealth Court and Supreme Court, arguing that the Prevailing Wage Act applies exclusively to “public works” projects in which a government entity has a close relationship to a project, either as a contracting party or funder.
Other associations joining the brief included the PA Municipal Authorities Association, the PA Waste Industries Association, the PA Council of General Contractors, and LeadingAge PA, which represents providers of senior services.
In the Ursinus case, where the municipal authority in question had no active involvement beyond facilitating the project’s financing, the brief argued that applying prevailing wage requirements would constitute an unjustified expansion of the law’s scope, contrary to established legal precedent.
Bernstein also emphasized the PA Chamber’s commitment to advocating for policies that promote economic growth and fiscal responsibility:
“We will continue to champion sensible interpretations of Pennsylvania’s labor laws that balance protections for workers and maintaining a competitive business environment. With the clarity that this ruling provides, employers can continue to use this type of financing model without risking triggering the Prevailing Wage Act, which can complicate project delivery and significantly increase costs.”