2020 Pennsylvania Consolidated & Unconsolidated Statutes
Act 85 - ADMINISTRATIVE CODE OF 1929 - JOINT TASK FORCE ON MISCLASSIFICATION OF EMPLOYES

Session of 2020

No. 2020-85

 

HB 716

 

AN ACT

 

Amending the act of April 9, 1929 (P.L.177, No.175), entitled "An act 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 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 as The Administrative Code of 1929, is amended by adding a section to read:

Section 2209.4.  Joint Task Force on Misclassification of Employes.--(a)  A joint 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 task force shall be as follows:

(1)  The Attorney General.

(2)  The Secretary of Labor and Industry, who shall serve as chairperson of the task force.

(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 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 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 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 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 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)  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 the 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 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 June 2, 1915 (P.L.736, No.338), known as the "Workers' Compensation Act."

(2)  The act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the "Unemployment Compensation Law."

(3)  The act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971."

(4)  The act of October 13, 2010 (P.L.506, No.72), known as the "Construction Workplace Misclassification Act."

(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.

 

APPROVED--The 29th day of October, A.D. 2020.

 

TOM WOLF

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