PRINTER'S NO. 1242
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
716
Session of
2019
INTRODUCED BY GALLOWAY, RABB, MURT, T. DAVIS, HILL-EVANS,
CALTAGIRONE, ISAACSON, FREEMAN, NEILSON, DALEY, WARREN,
DeLUCA, KORTZ, DAVIDSON, KRUEGER, WILLIAMS, MACKENZIE, GAINEY
AND D. MILLER, APRIL 5, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 5, 2019
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act roviding for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in powers and duties of the Department of Labor
and Industry, its departmental administrative and advisory
boards and departmental administrative officers, providing
for joint agency task force on misclassification of
employees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
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as The Administrative Code of 1929, is amended by adding a
section to read:
Section 2209.4. Joint Agency Task Force on Misclassification
of Employes.--(a) A joint agency task force is established in
the Department of Labor and Industry to investigate the practice
of employe misclassification occurring in this Commonwealth and
to develop and implement a comprehensive plan with measurable
goals to reduce misclassification of employes in this
Commonwealth.
(b) Members of the joint agency task force shall be as
follows:
(1) The Attorney General.
(2) The Secretary of Community and Economic Development.
(3) The Secretary of Environmental Protection.
(4) The Secretary of General Services.
(5) The Secretary of the Budget.
(6) The Secretary of Labor and Industry, who shall serve as
chairperson of the task force.
(7) The Secretary of Revenue.
(c) The task force shall meet and organize no later than
thirty (30) days after the effective date of this section. Each
member of the agency task force may designate an individual who
is employed within their respective department to attend
meetings in their place.
(d) The task force shall have the following powers and
duties:
(1) Examine and evaluate existing employe misclassification
enforcement by Commonwealth agencies.
(2) Ensure that agencies and departments undertake timely
enforcement and that any penalties are posted on their
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respective publicly accessible Internet websites.
(3) Coordinate the review of existing law and other methods
to improve monitoring and enforcement of employe
misclassification.
(4) Review current procedures and establish reasonable
methods to accept and acknowledge complaints of employe
misclassification.
(5) Identify barriers to information sharing among
Commonwealth agencies regarding employe misclassification and
recommend statutory changes as necessary.
(6) Develop and implement a continuous campaign to educate
and inform employers, workers and the general public about the
illegality of employe misclassification.
(7) Collaborate with business, labor and community groups to
increase public awareness of the illegality of employe
misclassification and undertake efforts to reduce its
occurrence.
(8) Determine the revenue to the General Fund, the Workmen's
Compensation Administration Fund and the Unemployment
Compensation Trust Fund that is lost annually due to employe
misclassification.
(9) Engage in other activities deemed necessary and
appropriate by the task force.
(e) The task force shall develop a work plan outlining how
the task force will approach its duties under subsection (d).
The task force shall submit an annual report to the General
Assembly by March 1 of the year following the first full year in
which this section is in effect, and each year thereafter,
detailing, to the maximum extent possible, data on the previous
calendar year's administration of this section.
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(f) Staff necessary for the task force shall be provided by
the agencies participating with the task force.
Section 2. This act shall take effect in 60 days.
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