PRIOR PRINTER'S NO. 1242
PRINTER'S NO. 2007
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
716
Session of
2019
INTRODUCED BY GALLOWAY, RABB, MURT, T. DAVIS, HILL-EVANS,
CALTAGIRONE, ISAACSON, FREEMAN, NEILSON, DALEY, WARREN,
DeLUCA, KORTZ, DAVIDSON, KRUEGER, WILLIAMS, MACKENZIE, GAINEY
AND D. MILLER, APRIL 5, 2019
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 4, 2019
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act roviding PROVIDING for and reorganizing the conduct
of the executive and administrative work of the Commonwealth
by the Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in powers and duties of the Department of Labor
and Industry, its departmental administrative and advisory
boards and departmental administrative officers, providing
for joint agency task force on misclassification of
employees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.177, No.175), known
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as The Administrative Code of 1929, is amended by adding a
section to read:
Section 2209.4. Joint Agency Task Force on Misclassification
of Employes.--(a) A joint agency task force is established in
the Department of Labor and Industry to investigate the practice
of employe misclassification occurring in this Commonwealth and
to develop and implement a comprehensive plan with measurable
goals to reduce misclassification of employes in this
Commonwealth.
(b) Members of the joint agency task force shall be as
follows:
(1) The Attorney General.
(2) The Secretary of Community and Economic Development.
(3) The Secretary of Environmental Protection.
(4) The Secretary of General Services.
(5) The Secretary of the Budget.
(6) (2) The Secretary of Labor and Industry, who shall serve
as chairperson of the task force.
(7) (3) The Secretary of Revenue.
(4) AN INDIVIDUAL WITH EXPERIENCE IN AN INDUSTRY AFFECTED BY
EMPLOYE MISCLASSIFICATION, APPOINTED BY THE PRESIDENT PRO
TEMPORE OF THE SENATE.
(5) AN INDIVIDUAL WITH EXPERIENCE IN AN INDUSTRY AFFECTED BY
EMPLOYE MISCLASSIFICATION, APPOINTED BY THE MINORITY LEADER OF
THE SENATE.
(6) AN INDIVIDUAL WITH EXPERIENCE IN AN INDUSTRY AFFECTED BY
EMPLOYE MISCLASSIFICATION, APPOINTED BY THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES.
(7) AN INDIVIDUAL WITH EXPERIENCE IN AN INDUSTRY AFFECTED BY
EMPLOYE MISCLASSIFICATION, APPOINTED BY THE MINORITY LEADER OF
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THE HOUSE OF REPRESENTATIVES.
(c) The task force shall meet and organize no later than
thirty (30) days after the effective date of this section. Each
member of the agency task force WHO IS THE HEAD OF A
COMMONWEALTH AGENCY may designate an individual who is employed
within their respective department to attend meetings in their
place.
(d) The task force shall have the following powers and
duties:
(1) Examine and evaluate existing employe misclassification
enforcement by Commonwealth agencies.
(2) Ensure that agencies and departments undertake timely
enforcement and that any penalties are PURSUANT TO A FINAL
ADJUDICATION ARE INCLUDED IN ANY APPLICABLE ANNUAL REPORTS OR
posted on their respective publicly accessible Internet websites
IN ACCORDANCE WITH STATUTE .
(3) Coordinate the review of existing law and other methods
to improve monitoring and enforcement of employe
misclassification.
(4) Review current procedures and establish reasonable
methods to accept and acknowledge complaints of employe
misclassification.
(5) Identify barriers to information sharing among
Commonwealth agencies regarding employe misclassification and
recommend statutory changes as necessary.
(6) Develop and implement a continuous campaign to educate
and inform employers, workers and the general public about the
illegality of employe misclassification.
(7) Collaborate with business, labor and community groups to
increase public awareness of the illegality of employe
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misclassification and undertake efforts to reduce its
occurrence.
(8) Determine the revenue to the General Fund, the Workmen's
Compensation Administration Fund and the Unemployment
Compensation Trust Fund that is lost annually due to employe
misclassification.
(9) Engage in other activities deemed necessary and
appropriate by the task force , IF AUTHORIZED BY STATE LAW .
(e) The task force shall develop a work plan outlining how
the task force will approach its duties under subsection (d).
The task force shall submit an annual report to the General
Assembly by March 1 of the year following the first full year in
which this section is in effect, and each year thereafter A
FINAL REPORT PRIOR TO THE EXPIRATION OF THIS SECTION , detailing,
to the maximum extent possible, data on the previous calendar
year's administration of this section. ANY MEMBER OF THE TASK
FORCE WHO DISAGREES WITH A PORTION OF A REPORT SHALL HAVE THE
OPPORTUNITY TO INCLUDE A REBUTTAL STATEMENT WITH THE REPORT.
(f) Staff necessary for the task force shall be provided by
the agencies participating with the task force.
(F) THE FOLLOWING SHALL APPLY:
(1) STAFF NECESSARY FOR THE TASK FORCE SHALL BE PROVIDED BY
THE AGENCIES PARTICIPATING WITH THE TASK FORCE.
(2) THE TASK FORCE SHALL CONSULT OTHER COMMONWEALTH AGENCIES
AS APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, THE DEPARTMENT OF
GENERAL SERVICES, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION,
THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AND THE
OFFICE OF BUDGET. IF THE TASK FORCE, THROUGH ITS CHAIRPERSON,
REQUESTS THE COOPERATION OF AN AGENCY, THE AGENCY SHALL MAKE
REASONABLE EFFORTS TO ASSIST THE TASK FORCE IN THE PERFORMANCE
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OF ITS DUTIES.
(G) FOR THE PURPOSES OF THIS SECTION, THE TERM "EMPLOYE
MISCLASSIFICATION" SHALL MEAN THE CLASSIFICATION OF AN EMPLOYE
AS AN INDEPENDENT CONTRACTOR IN VIOLATION OF ANY LAW OF THIS
COMMONWEALTH, INCLUDING, BUT NOT LIMITED TO:
(1) THE ACT OF OCTOBER 13, 2010 (P.L.506, NO.72), KNOWN AS
THE "CONSTRUCTION WORKPLACE MISCLASSIFICATION ACT."
(2) THE ACT OF JUNE 2, 1915 (P.L.736, NO.338), KNOWN AS THE
"WORKERS' COMPENSATION ACT."
(3) THE ACT OF DECEMBER 5, 1936 (2ND SP.SESS., 1937
P.L.2897, NO.1), KNOWN AS THE "UNEMPLOYMENT COMPENSATION LAW."
(4) THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE
"TAX REFORM CODE OF 1971."
(H) THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE ANY
COMMONWEALTH AGENCY TO PROVIDE A MEMBER OF THE TASK FORCE, WHO
IS NOT EMPLOYED BY THE COMMONWEALTH AGENCY, WITH ANY INFORMATION
THAT WOULD NOT BE AVAILABLE TO A MEMBER OF THE PUBLIC UNDER THE
ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE "RIGHT-TO-
KNOW LAW."
(I) THIS SECTION SHALL EXPIRE TWO YEARS AFTER THE EFFECTIVE
DATE OF THIS SUBSECTION.
Section 2. This act shall take effect in 60 days.
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