Pennsylvania SB 586: An Act amending the act of May 3, 1933 (P.L.242, No.86), referred to as the Cosmetology Law, further providing for eligibility requirements for examination, for limited licenses and for requirements of a School of Cosmetology.

Bill Text

PRINTER'S NO. 593
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 586
Session of
2025
INTRODUCED BY PISCIOTTANO, PENNYCUICK, KANE, KEARNEY, HUGHES,
COSTA AND SAVAL, APRIL 9, 2025
REFERRED TO LABOR AND INDUSTRY, APRIL 9, 2025
AN ACT
Providing for criteria for independent contractors and for
powers and duties of the Department of Labor and Industry and
the Secretary of Labor and Industry; and imposing penalties.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Independent contractors.
Section 4. Improper classification of employees.
Section 5. Criminal penalties.
Section 6. Private right of action.
Section 7. Administrative penalties.
Section 8. Stop-work orders.
Section 9. Procedure.
Section 10. Certain agreements prohibited.
Section 11. Adverse action prohibited.
Section 12. Availability of information.
Section 13. Use of penalty funds and recovered fees and costs.
Section 14. Rules and regulations.
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Section 15. Annual report required.
Section 16. Severability.
Section 17. Construction of law.
Section 18. Funding.
Section 19. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Workplace
Misclassification Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Construction." As defined in section 2 of the act of
October 13, 2010 (P.L.506, No.72), known as the Construction
Workplace Misclassification Act.
"Debar." Action taken by the secretary that:
(1) Prohibits a contractor, subcontractor or person from
contracting with or participating in contracts for public
work or providing services to any State or local government
entity for a period of at least three years.
(2) Includes all divisions or other organizational
elements of the contractor or subcontractor unless limited by
the terms of the action to specific divisions or
organizational elements.
(3) May apply to affiliates or other persons associated
with the contractor, subcontractor or person if they are
specifically named and given written notice of the action and
an opportunity to appeal.
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(4) Applies to a successor entity of the contractor or
subcontractor, if the successor entity:
(i) has one or more of the same principals or
officers as the employer against whom the order was
issued;
(ii) performs similar work within the same
geographical area;
(iii) occupies the same premises;
(iv) shares the same telephone number or facsimile
number;
(v) has the same email address or Internet website;
(vi) employs substantially the same workforce or
administrative employees, or both;
(vii) utilizes the same tools, equipment or
facilities;
(viii) employs or engages the services of any person
or persons involved in the direction or control of the
other; or
(ix) lists substantially the same work experience.
"Department." The Department of Labor and Industry of the
Commonwealth.
"Employee." Either of the following:
(1) In relation to workers' compensation, the term shall
have the meaning given to "employe" in section 104 of the
Workers' Compensation Act.
(2) In relation to unemployment compensation, the term
shall have the meaning given to "employe" in section 4(i) of
the Unemployment Compensation Law.
"Employer." Either of the following:
(1) In relation to workers' compensation, the term shall
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have the meaning given to it in section 103 of the Workers'
Compensation Act.
(2) In relation to unemployment compensation, the term
shall have the meaning given to it in section 4(j) of the
Unemployment Compensation Law.
"Public work." As defined in section 2(5) of the act of
August 15, 1961 (P.L.987, No.442), known as the Pennsylvania
Prevailing Wage Act.
"Secretary." The Secretary of Labor and Industry of the
Commonwealth or the secretary's authorized representative.
"Unemployment Compensation Law." The act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law.
"Workers' Compensation Act." The act of June 2, 1915
(P.L.736, No.338), known as the Workers' Compensation Act.
Section 3. Independent contractors.
(a) Requirements.--For purposes of workers' compensation,
unemployment compensation and improper classification of
employees, an individual who performs services in any industry
other than construction for remuneration is an independent
contractor only if:
(1) The individual has a written contract that is
project-specific and contains a particular scope of work and
definitive time period to perform the services.
(2) The individual is free from control or direction
over performance of services both un