H1170B1348A01535 SFR:EJH 05/31/19 #90 A01535
AMENDMENTS TO HOUSE BILL NO. 1170
Sponsor: REPRESENTATIVE COX
Printer's No. 1348
Amend Bill, page 2, line 7, by inserting after
"Commonwealth."
The term includes a staffing agency that supplies workers to
a construction industry employer.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employ." To enter into an employer-employee relationship
with an individual or to use a contract, subcontract or exchange
with an individual to obtain labor.
Amend Bill, page 2, lines 8 through 10, by striking out "An
individual for whom a construction industry" in line 8 and all
of lines 9 and 10 and inserting
An individual who has entered into an employer-employee
relationship with a construction industry employer or enters
into a contract, subcontract or exchange with a construction
industry employer to provide labor.
Amend Bill, page 2, by inserting between lines 23 and 24
"Subcontractor." A person regardless of tier, including, but
not limited to, a staffing agency that supplies workers to a
construction industry employer under a contract. The term shall
not include persons that are material suppliers for a project.
Amend Bill, page 3, by inserting between lines 5 and 6
(c) Staffing agencies.--If a staffing agency supplies
workers to multiple industries, subsections (a) and (b) shall
only apply to workers supplied for the construction industry.
Amend Bill, page 3, by inserting between lines 6 and 7
(a) Complaints.--A complaint about a violation of section
3(a) may be submitted to the department.
Amend Bill, page 3, line 7, by striking out "(a)" and
inserting
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(b)
Amend Bill, page 3, line 7, by striking out "Attorney
General" and inserting
department
Amend Bill, page 3, line 13, by striking out "(b)" and
inserting
(c)
Amend Bill, page 3, line 15, by striking out "Attorney
General" and inserting
department
Amend Bill, page 3, line 17, by striking out "(c)" and
inserting
(d)
Amend Bill, page 3, line 17, by striking out "Attorney
General" and inserting
department
Amend Bill, page 3, line 20, by striking out "(d)" and
inserting
(e)
Amend Bill, page 3, line 20, by striking out "Attorney
General" and inserting
department
Amend Bill, page 3, line 23, by striking out "(e)" and
inserting
(f)
Amend Bill, page 3, line 24, by striking out "Attorney
General" and inserting
department
Amend Bill, page 4, line 2, by striking out "(f)" and
inserting
(g)
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Amend Bill, page 4, line 3, by striking out "Attorney
General" and inserting
department
Amend Bill, page 4, line 4, by striking out "Attorney
General" and inserting
department
Amend Bill, page 4, lines 6 through 8, by striking out all of
lines 6 and 7 and "(2) Bring" in line 8 and inserting
(1) For a first violation, the department shall issue a
warning letter detailing the violation and informing the
construction industry employer of the provisions of this act.
Notwithstanding paragraph (2), a violation by a construction
industry employer that occurs 10 years or more after a prior
violation shall be deemed a first violation. The following
shall apply:
(i) The department may not issue a warning letter if
the employer demonstrates that the employment eligibility
of the unauthorized employee was verified in good faith
through the E-Verify Program in accordance with section
3(b).
(ii) After the issuance of a warning letter, the
employer shall verify in writing to the department within
10 business days that the employer has terminated the
employment of each unauthorized employee in this
Commonwealth. If the employer fails to provide such
verification, the violation shall constitute a second
violation, and the department shall make a referral to
the Attorney General under paragraph (2).
(iii) The employer may appeal the issuance of the
warning letter under the provisions of 2 Pa.C.S.
(relating to administrative law and procedure).
(2) For a second or subsequent violation, the department
shall refer the case to the Attorney General for enforcement.
The Attorney General shall bring
Amend Bill, page 4, line 13, by striking out "(g)" and
inserting
(h)
Amend Bill, page 4, line 16, by striking out "(h)" and
inserting
(i)
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Amend Bill, page 4, line 26, by striking out "(i)" and
inserting
(j)
Amend Bill, page 4, line 30, by striking out "(j)" and
inserting
(k)
Amend Bill, page 5, line 12, by inserting after "3(a)"
pursuant to an action brought by the Attorney General under
this act
Amend Bill, page 5, lines 18 and 19, by striking out
"Attorney General" and inserting
department
Amend Bill, page 5, line 24, by striking out "three" and
inserting
five
Amend Bill, page 5, line 25, by striking out "Attorney
General" and inserting
department
Amend Bill, page 6, line 14, by striking out "first" and
inserting
second
Amend Bill, page 6, line 17, by striking out "10" and
inserting
30
Amend Bill, page 6, line 18, by inserting after "a" where it
occurs the first time
subsequent violation of section 3(a) or a
Amend Bill, page 6, line 19, by striking out "may" and
inserting
shall
Amend Bill, page 6, line 20, by striking out "to exceed" and
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inserting
less than
Amend Bill, page 6, line 20, by inserting after "year"
up to the permanent revocation of each license
Amend Bill, page 7, by inserting between lines 3 and 4
(d) Suspension and reinstatement fees.--Nothing in this act
shall prohibit an agency from charging any applicable fee for
the suspension or reinstatement of a license.
Section 6. Protection from retaliation.
(a) General rule.--It shall be unlawful for a construction
industry employer to discharge, threaten or otherwise retaliate
or discriminate against an employee regarding compensation or
other terms or conditions of employment because the employee:
(1) participates in an investigation, hearing or inquiry
held by the Secretary of Labor and Industry or any other
governmental authority under this act; or
(2) reports or makes a complaint regarding the violation
of this act to a construction industry employer or
governmental authority.
(b) Actions.--
(1) An employee who suffers retaliation or
discrimination in violation of this section may bring an
action in a court of common pleas in accordance with
established civil procedures of this Commonwealth.
(2) The action must be brought within three years from
the date the employee knew of the retaliation or
discrimination.
(c) Relief.--If an employee prevails in an action commenced
under this section, the employee shall be entitled to the
following relief:
(1) Reinstatement of the employee, if applicable.
(2) Restitution equal to three times the amount of the
employee's wages and fringe benefits calculated from the date
of the retaliation or discrimination.
(3) Reasonable attorney fees and costs of the action.
(4) Any other legal and equitable relief as the court
deems appropriate.
Section 7. Immunity and compliance.
(a) Immunity.--A construction industry employer that relies
in good faith on the E-Verify Program to verify employment
eligibility of new employees under this act shall have no
liability to an individual who is not hired or who is discharged
from employment if incorrect information has been provided to
the construction industry employer.
(b) Contractor and subcontractor compliance.--Except as
provided in subsection (c), nothing in this act may be construed
to render a contractor responsible for a violation of section
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3(a) by a subcontractor or a subcontractor responsible for a
violation by another subcontractor.
(c) General contractor responsibility.--A contractor shall
not be considered in violation of section 3(a) when a
subcontractor has knowingly employed an unauthorized employee,
if the contractor has done the following:
(1) Required compliance with this act in the contract
with the subcontractor, including providing for the
termination of the contract upon a violation of this act by
the subcontractor.
(2) Obtained written verification from the subcontractor
that the subcontractor is aware of the provisions of this act
and is responsible for compliance.
Amend Bill, page 7, line 4, by striking out "6" and inserting
8
Amend Bill, page 7, line 5, by striking out "in 60 days" and
inserting
July 1, 2020
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