§ 231.95. Employee incentive account.

 (a)  The employer shall maintain at least one escrow or restricted account designated as an Employee Incentive Account (Account) in accordance with section 5.1 of the Minimum Wage Act of 1968 (43 P. S. §  333.105a).

 (b)  The employer shall deposit sums consisting of no less than the difference between the training wage and the entry-level wage into the Account on each regular payday during the training period. The employer shall credit the deposit in the name of each participating employee.

 (c)  Funds in the Account shall be the property of the employer until the employer is required to make payments to the employee. Funds in the Account are nontransferable and nonassignable.

 (d)  The employer shall maintain complete, detailed payroll records. The records shall include a listing of all deposits and withdrawals from the Account.

 (e)  The employer shall maintain the records at the place of employment or at a central recordkeeping office within or outside this Commonwealth. The employer shall maintain these records for 3 years in accordance with §  231.31 (relating to contents of record).

 (f)  Access to records maintained by the employer under this section shall be provided to the Department’s repre-sentatives within 7 days following written or verbal notice by the Secretary or an authorized representative.

   The provisions of this §  231.95 issued under section 3 of the act of December 21, 1998 (P. L. 1290, No. 168) (43 P. S. §  331.105a note).

   The provisions of this §  231.95 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3765.

   This section cited in 34 Pa. Code §  231.91 (relating to authority and effective date).