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07/03/2022 02:38 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=34044
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: January 11, 2021 03:43 PM
From: Representative Dawn W. Keefer
To: All House members
Subject: Provides a Method to Certify Whether an Individual is an Independent Contractor for the Purposes of Workers' Compensation
 
I am preparing to reintroduce HB 622 (F. Keller) to 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.

This 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 business entity and the independent contractor agree that no employer-employee relationship exists.  This legislation is intended to reduce red tape and provide clarity, in those situations where there is a good-faith agreement that no employment relationship exists – it is not intended to create a loophole for bad actors.

I hope that you will join me in cosponsoring this important legislation.
 
Prior Session Cosponsors:
BERNSTINECOXIRVINKAUFFMAN and MILLARD
 



Introduced as HB793