H2400B3761A07258 VDL:CMM 06/03/08 #90 A07258
AMENDMENTS TO HOUSE BILL NO. 2400
Sponsor: REPRESENTATIVE LENTZ
Printer's No. 3761
1 Amend Sec. 2, page 2, line 7, by inserting after "BENEFITS,"
2 including overtime pay,
3 Amend Sec. 3, page 2, line 21, by inserting after "ANY"
4 real
5 Amend Sec. 3, page 3, by inserting between lines 2 and 3
6 "Minimum Wage Act." The act of January 17, 1968 (P.L.11,
7 No.5), known as The Minimum Wage Act of 1968.
8 Amend Sec. 3, page 3, by inserting between lines 4 and 5
9 "The Workers' Compensation Act." The act of June 2, 1915
10 (P.L.736, No.338), known as the Workers' Compensation Act.
11 "Unemployment Compensation Law." The act of December 5, 1936
12 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
13 Compensation Law.
14 "Wage Payment and Collection Law." The act of July 14, 1961
15 (P.L.637, No.329), known as the Wage Payment and Collection Law.
16 Amend Sec. 4, page 3, line 25, by striking out "THIS ACT,"
17 and inserting
18 the Minimum Wage Act, the Wage Payment and Collection
19 Law, the Unemployment Compensation Law and the
20 Workers' Compensation Act,
21 Amend Sec. 4, page 3, lines 29 and 30, by striking out "CAN
22 DEMONSTRATE BY SUBSTANTIAL CREDIBLE EVIDENCE THAT THE INDIVIDUAL
23 IS" and inserting
24 has been and will continue to be
25 Amend Sec. 4, page 4, line 27, by inserting after "INCLUDES"
26 income and losses from
27 Amend Sec. 4, page 5, line 8, by inserting after
1 "ARRANGEMENT"
2 with a person other than the employer
3 Amend Sec. 4, page 5, lines 27 through 30, by striking out
4 "ACT OF JUNE 2, 1915" in line 27, all of lines 28 through 30 and
5 inserting
6 Unemployment Compensation Law or the Workers'
7 Compensation Act.
8 Amend Sec. 5, page 6, lines 4 through 13, by striking out all
9 of said lines and inserting
10 (a) Offense defined.--An employer, or officer or agent of an
11 employer, commits a violation of this act if the employer,
12 officer or agent fails to properly classify the individual as an
13 employee with the intent of evading the requirements of the
14 Minimum Wage Act, the Wage Payment and Collection Law, the
15 Unemployment Compensation Law or the Workers' Compensation Act
16 and shall be subject to the penalties, remedies or actions
17 contained in this act.
18 Amend Sec. 6, page 6, line 27, by striking out all of said
19 line and inserting
20 (a) Knowing violation.--
21 (1) An employer, or officer or agent
22 Amend Sec. 6, page 7, lines 5 through 22, by striking out all
23 of said lines and inserting
24 (i) be sentenced to pay a fine of not more than
25 $15,000 or imprisonment for not more than three and one-
26 half years, or both, for a first offense; and
27 (ii) be sentenced to pay a fine of not more than
28 $30,000 or imprisonment for not more than seven years, or
29 both, for a subsequent offense.
30 (2) An employer, or officer or agent of the employer,
31 that, after being sentenced under paragraph (1)(i), knowingly
32 violates section 5(a) may be subject to a stop-work order, as
33 determined by the secretary pursuant to section 8.
34 (b) Summary offense.--An employer, or officer or agent of
35 the employer, that negligently fails to properly classify an
36 individual as an employee under section 5(a) commits a summary
37 offense and shall, upon conviction, be sentenced to pay a fine
38 of not more than $1,000. Evidence of a prior conviction under
39 this subsection shall be admissible as evidence of knowledge
40 under subsection (a).
41 Amend Sec. 7, page 7, lines 24 through 29, by striking out
42 all of lines 24 through 28 and "conviction for a violation of
HB2400A07258 - 2 -
1 this act, the" in line 29 and inserting
2 (a) Debarment and order to show cause.--If the secretary
3 receives information indicating that an employer, or officer or
4 agent of the employer, has knowingly and intentionally violated
5 this act, or has been convicted of a violation of this act, the
6 secretary shall issue an order to show cause why the individual
7 should not be found in violation of this act and subject to
8 debarment. An individual served with an order to show cause
9 shall have a period of 20 days from the date the order is served
10 to file an answer in writing. If the individual fails to file a
11 timely and adequate answer to the order to show cause, the
12 secretary shall issue an immediate debarment or immediately
13 assess penalties as provided in this section, or both. The
14 Amend Sec. 7, page 8, line 20, by inserting after "KNOWINGLY"
15 and intentionally
16 Amend Sec. 8, page 9, line 1, by inserting after "KNOWINGLY"
17 and intentionally
18 Amend Sec. 14, page 11, line 16, by inserting after
19 "implement"
20 and administer
21 Amend Bill, page 11, by inserting between lines 24 and 25
22 Section 16. Applicability.
23 This act shall not be construed to bring an individual within
24 the scope of the Unemployment Compensation Law or the Workers'
25 Compensation Act if the individual is excluded from the scope of
26 the appropriate statute.
27 Section 17. Severability.
28 The provisions of this act are severable. If any provision of
29 this act or its application to any individual or circumstance is
30 held invalid, the invalidity shall not affect other provisions
31 or applications of this act which can be given effect without
32 the invalid provision or application.
33 Section 18. Construction of law.
34 Nothing contained in this act shall be construed to impair or
35 affect in any manner the ability of the department to carry out
36 the powers and duties prescribed by the laws of this
37 Commonwealth or to adopt measures to improve the enforcement of
38 other laws of this Commonwealth.
39 Amend Sec. 16, page 11, line 25, by striking out "16" and
40 inserting
41 19
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