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ARTICLE · 19 OCTOBER 2010

Pennsylvania Law Provides Stringent Penalties for Misclassification of Construction Workers

Morgan Lewis
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On October 13, the Pennsylvania Construction Workplace Misclassification Act (the Act) was signed into law by Pennsylvania Governor Edward Rendell.

United StatesEmployment and HR
George Bell
George Bell
Michael Banks
Michael Banks
Sarah Bouchard
Sarah Bouchard
Miriam Fisher
Miriam Fisher
David Fuller
David Fuller
Michael Ossip
Michael Ossip
Christopher Ramsey
Christopher Ramsey
Kimberley Reeder
Kimberley Reeder
William Zimmerman
William Zimmerman

On October 13, the Pennsylvania Construction Workplace Misclassification Act (the Act) was signed into law by Pennsylvania Governor Edward Rendell. The Act is designed to curtail worker misclassification in the construction industry and will make Pennsylvania one of several states to enact similar legislation. The Act amends the Pennsylvania Workers' Compensation Act and the Pennsylvania Unemployment Compensation Law (but not the Pennsylvania Minimum Wage Act) by establishing a set of criteria for classifying workers as independent contractors in the construction industry. The Act also imposes notice requirements and subjects construction industry employers to both civil and criminal penalties for misclassification of workers.

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