PRINTER'S NO. 375
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
401
Session of
2021
INTRODUCED BY GALLOWAY, DELLOSO, McNEILL, SANCHEZ, NEILSON,
FREEMAN AND WARREN, FEBRUARY 4, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 4, 2021
AN ACT
Amending the act of October 13, 2010 (P.L.506, No.72), entitled
"An act providing for the criteria for independent
contractors in the construction industry and for the powers
and duties of the Department of Labor and Industry and the
Secretary of Labor and Industry; and imposing penalties,"
further providing for independent contractors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3(a) of the act of October 13, 2010
(P.L.506, No.72), known as the Construction Workplace
Misclassification Act, is amended to read:
Section 3. Independent contractors.
(a) General rule.--For purposes of workers' compensation,
unemployment compensation and improper classification of
employees provided herein, an individual who performs services
in the construction industry for remuneration is an independent
contractor only if:
(1) The individual has a written contract [to perform
such services.] that is project-specific and contains a
particular scope of work and definitive time period to
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perform the services.
(2) The individual is free from control or direction
over performance of such services both under the contract of
service and in fact.
(3) As to such services, the individual is customarily
engaged in an independently established trade, occupation,
profession or business.
* * *
Section 2. This act shall take effect in 60 days.
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