Pennsylvania HB 715: An Act amending the act of October 13, 2010 (P.L.506, No.72), known as the Construction Workplace Misclassification Act, further providing for independent contractors.

Bill Text

2019-2020 Regular Session HB 715 PN 1241 Bill Text (HTM) 

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PRINTER'S NO. 1241 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL 

No.

715 

Session of 

2019 

INTRODUCED BY GALLOWAY, MURT, T. DAVIS, HILL-EVANS, McNEILL, 

FREEMAN, NEILSON, DeLUCA, KINSEY, KORTZ, KRUEGER, GAINEY AND 

D. MILLER, APRIL 5, 2019 

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 5, 2019 

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 

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particular scope of work and definitive time period to 

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.

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Section 2. This act shall take effect in 60 days.

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