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Pennsylvania House of Representatives
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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: June 19, 2017 02:26 PM
From: Representative Fred Keller
To: All House members
Subject: Legislation That Would Provide a Method to Certify Whether an Individual is an Independent Contractor for the Purposes of Worker’s Compensation
I am preparing to introduce legislation that would provide a method to certify whether an individual is an independent contractor for the purposes of worker’s compensation. As many of you have heard from constituents, there is often confusion between employers and insurers over whether an individual performing services is an employee or an independent contractor.

My legislation would allow a business to register independent contractors with the Department of Labor and Industry, if the individual is considered an independent contractor for federal tax purposes and signs an affidavit certifying that he knows he will not be considered an employee for the purposes of workers’ compensation. The independent contractor will be allowed to withdraw his affidavit at any time.

To be clear this legislation does not change anything for those businesses and independent contractors who do not utilize this registration process. It would simply create a process to expeditiously determine that an individual is an independent contractor in situations where both the employer and the independent contractor agree that no employer-employee relationship exists.

I hope that you will join me in cosponsoring this important legislation.

Introduced as HB1781