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01/24/2020 08:26 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20190&cosponId=28062
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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: January 29, 2019 12:25 PM
From: Representative Dawn W. Keefer
To: All House members
Subject: WORKPLACE MISCLASSIFICATION
 
I am preparing to introduce legislation that would amend the Construction Workplace Misclassification Act to make it easier to prove that registered home improvement contractors are not employees of a different contractor for the purposes of the act.

The Home Improvement Consumer Protection Act (HICPA) requires contractors who offer home improvement services to the public to register with the Attorney General’s office. Contractors who register must provide a variety of personal and business information, information on prior bad acts (convictions, debarments, etc.) and proof of liability insurance. HICPA prohibits performing, advertising or contracting for home improvement services by unregistered contractors.

The idea for this legislation came from a constituent of mine, who had to deal with miles of red tape just to prove that registered contractors were not his employees. It should be clear that contractors registered under HICPA are separate businesses, yet the Department of Labor and Industry does not consider evidence of HICPA registration when they are determining whether an individual is an employee or an independent contractor for construction workplace misclassification purposes.

My bill will correct this issue by providing that HICPA registration at the time services are provided will be prima facie evidence that the individual is an independent contractor – and not an employee.

I hope you will join me by cosponsoring this legislation.

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Introduced as HB1297