PRINTER'S NO. 187
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
216
Session of
2021
INTRODUCED BY TARTAGLIONE, KEARNEY, FONTANA, BLAKE, CAPPELLETTI,
SANTARSIERO, BREWSTER, SCHWANK AND KANE, FEBRUARY 11, 2021
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 11, 2021
AN ACT
Amending the act of October 27, 1955 (P.L.744, No.222), entitled
"An act prohibiting certain practices of discrimination
because of race, color, religious creed, ancestry, age or
national origin by employers, employment agencies, labor
organizations and others as herein defined; creating the
Pennsylvania Human Relations Commission in the Governor's
Office; defining its functions, powers and duties; providing
for procedure and enforcement; providing for formulation of
an educational program to prevent prejudice; providing for
judicial review and enforcement and imposing penalties,"
further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "employe" and "independent
contractor" in section 4 of the act of October 27, 1955
(P.L.744, No.222), known as the Pennsylvania Human Relations
Act, are amended to read:
Section 4. Definitions.--As used in this act unless a
different meaning clearly appears from the context:
* * *
(c) The term "employe" [does not include (1) any individual
employed in agriculture or in the domestic service of any
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person, (2) any individuals who, as a part of their employment,
reside in the personal residence of the employer, (3) any
individual employed by said individual's parents, spouse or
child.] means an individual subject to an employer's power to
control the nature and parameters of the individual's
activities, including hiring, firing, training, scheduling,
directing work and proscribing the manner in which the work
should be completed. The term does not include:
(1) an individual who is employed by and who works on a
casual basis in a home or personal residence of another
individual; or
(2) an individual employed by the individual's parent,
spouse or child.
* * *
(x) The term "independent contractor" includes:
(1) any person who is subject to the provisions governing
any of the professions and occupations regulated by State
licensing laws enforced by the Bureau of Professional and
Occupational Affairs in the Department of State, or is included
in the Fair Housing Act (Public Law 90-284, 42 U.S.C. ยง 3601 et
seq.)[.]; or
(2) any person, other than an employe, who performs a
service for remuneration under a contract, written or oral,
express or implied, for an employer.
* * *
Section 2. This act shall take effect in 60 days.
20210SB0216PN0187 - 2 -
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