Construction Workers In Pennsylvania Get New Legal Protection Against Employer Misclassification

[Omaha Steve]

http://www.laborradio.org/node/14316

Submitted by Doug Cunningham on October 21, 2010 - 2:15pm
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Construction workers in Pennsylvania have new protections against misclassification:

Pennsylvania Governor Ed Rendell has signed a bill into law that will punish employers who misclassify construction workers as independent contractors. The law makes such misclassification a third-degree felony and would fine companies $1,000 for a first offense and up to $2500 for consecutive offenses. Proponents of the new legislation say that misclassification of construction workers has increased in recent years. By calling workers independent contractors employers can decrease their bids and gain an unfair advantage over employers that file appropriately. The law does give some wiggle room for employers who may have misclassified workers unintentionally. If they do it would be considered a petty crime and comes with a lesser fine. The bill will become law next year. Supporters of this bill have said they plan to seek similar legislation that would cover the trucking industry.