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05/21/2024 02:56 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20230&cosponId=37962
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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted: December 1, 2022 11:56 AM
From: Representative Patrick J. Harkins
To: All House members
Subject: Improving the Construction Workplace Misclassification Act
 
Despite existing deterrents in the Construction Workplace Misclassification Act (Act 72 of 2010), 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.
This legislation was previously introduced as HB 1549 of 2021 and was previously co-sponsored by Representatives Ciresi, Austin Davis, Delloso, Freeman, Galloway, Guzman, Isaacson, Neilson, Napoleon Nelson, Pisciottano, Sanchez, Schlossberg, Warren, and Dan Williams.
 



Introduced as HB305