An Act amending the act of October 13, 2010 (P.L.506, No.72), known as the Construction Workplace Misclassification Act, further providing for definitions, for improper classification of employees and for criminal penalties; providing for private right of action; further providing for administrative penalties, for retaliation for action prohibited, for availability of information, for use of penalty funds and for funding; and imposing penalties.
What changed between versions
Added a comprehensive definition for 'successor entity' listing nine specific criteria, such as sharing principals, premises, tools, or workforce, to ensure related companies cannot evade penalties.
Clarified that if a violation is determined to be intentional, the secretary must debar the contractor for at least three years, and expanded this debarment to include partners, officers, and corporate affiliates.
Expanded the definition of liable parties to include contractors who intentionally contract with an employer knowing the employer intends to misclassify workers.
Modified the definition of a 'prior offense' to require a formal 'finding of guilt' rather than just a sentence imposition, affecting how repeat violations are calculated.
Added a new private right of action allowing employees to sue in court for retaliation or discrimination related to reporting violations.
Changed the destination of collected penalties and fees from being split between two funds to being deposited entirely into a new restricted revenue account in the General Fund.
