§ 231.91. Authority and effective date.

 (a)  This section and § §  231.92—231.99 set forth the rules governing the Food-Service Incentive Employee Program for participating restaurant and food-service operations employers and their employees in this Commonwealth under section 5.1 of the Minimum Wage Act of 1968 (act) (43 P. S. §  333.105a).

 (b)  This section and § §  231.92—231.99 will expire, along with section 5.1 of the act on July 14, 2004, unless section 5.1 is extended by the General Assembly.

 (c)  Under section 5.1(j) of the act (43 P. S. §  333.105a(j)), a claim arising under the Food-Service Employee Incentive Program provisions shall be brought under the Wage Payment and Collection Law (43 P. S. § §  260.1—260.12).

 (d)  Any employee, labor organization or party to whom wages are payable under the Food-Service Employee Incentive Program may request the Secretary, or an authorized representative, to take an assignment in trust and to bring legal action to collect the wages, as provided by section 9.1 of the Wage Payment and Collection Law (43 P. S. §  260.9a).

   The provisions of this §  231.91 issued under section 3 of the act of December 21, 1998 (P. L. 1290, No. 168) (43 P. S. §  333.105a note).

   The provisions of this §  231.91 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3765.