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10/18/2021 03:28 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=35530
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: April 29, 2021 01:24 PM
From: Representative Patrick J. Harkins
To: All House members
Subject: Improving the Construction Workplace Misclassification Act
 
In spite of current deterrents in Act 72, the Construction Workplace Misclassification Act, contractors continue to misclassify employees as independent contractors.  This practice is not only detrimental to workers but is equally unfair to employers who play by the rules.  Dishonest competitors undermine trustworthy rivals by avoiding taxes and payment for employee benefits.  Workers and their families are deprived of a fair wage, denied benefits and access to public safeguards like unemployment and workers’ compensation.
 
To address these ongoing concerns, I have worked with the Department of Labor and Industry to identify methods to improve the enforcement of Act 72.  My legislation would do the following:

 
  • Increase fines for violations and add debarment as a penalty.
 

  • Enable the Department to execute stop work orders for violations immediately.  
 

  • Grant the department authority to investigate worksites and review employer records, including entering and inspecting worksites or compelling the production of records.
 

  • Require general contractors to be held accountable for subcontractors who misclassify workers.
 
Pennsylvania’s workers deserve a fair deal and the wages and benefits to which they are entitled.  I hope you will join me in sponsoring this important legislation. 
 



Introduced as HB1549