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01/15/2021 11:03 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20190&cosponId=30604
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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: October 29, 2019 11:22 AM
From: Representative Danilo Burgos and Rep. Tarah Toohil
To: All House members
Subject: Application-Based Company Worker Misclassification Act
 
Historically, workers in the “gig economy” have been considered independent contractors, meaning they get paid for each “gig” they accept, but are not awarded the protections to which employees are normally entitled. App-based companies have operated on the premise that, because workers’ services are procured through a mobile-based application, they have control over their hours and workload. The reality is that such workers often work 30-40 hours a week or more and are only activated during peak times—operating as de facto employees without any of the advantages of that status.

Not only does this practice deprive gig economy workers of protections afforded through minimum wage, unemployment benefits, and workers’ compensation entitlements, it also serves as a major tax loophole that dodges payment to important programs like social security and Medicaid. That is why am introducing legislation that will classify application-based workers as employees, affording them the protections they deserve. Classification as employees will also allow these workers to organize and negotiate democratically over wages and conditions.

I urge you to join me in committing to unambiguously protecting workers’ rights in the digital age by sponsoring this legislation.



Introduced as HB2215