GLASS Report: Legislative Action Alert: Senate Bill 1454: Regular Session 2013-2014

Text [History] [Votes]

Short Title: 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, for criminal penalties, for administrative penalties, for stop-work orders, for procedure, for certain agreement prohibited, for availability of information, for use of penalty funds, for annual report required and for funding.

Prime Sponsor: Senator STACK

Last Action: Referred to LABOR AND INDUSTRY, July 10, 2014 [Senate]

Memo: Allowing DA’s jurisdiction over Independent Contractors Law

Printer's No.
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MEMORANDUM

Posted:	June 4, 2014 04:05 PM
From:	Senator Michael Stack and Sen. Lisa Boscola
To:	All Senate members
Subject:	Allowing DA’s jurisdiction over Independent Contractors Law

In the near future, I will introduce legislation that would allow the District Attorneys of Pennsylvania to take primary jurisdiction for issues regarding Act 72 violations. Currently the Pennsylvania Department of Labor and Industry is tasked with investigating these violations and dealing with them in a timely manner.  This is not happening. This legislation gives the District Attorney’s across the Commonwealth primary domain over the investigation, reporting and resolution of such violations.  This bill would also provide the DA’s state reimburse for their Act 72 investigation expenses. The reason we should use local District Attorney’s to enforce this law is that the Labor and Industry Department has not taken action to prosecute or dismiss 18 of the original 29 complaints filed in 2011. That means that over 60% of the complaints filed in 2011 have not been completed. Over the last three years, the department’s annual reports on Act 72 show similar concerning trend.  Of the 63 Act 72 complaints filed within the last three years, only 20 complaints were closed in three years. This means that over 66% of the complaints have not been closed or adjudicated in three years. We feel that the District Attorneys of Pennsylvania are better equipped to catalog, investigate and in some cases adjudicate these cases in a timely manner.  They live and work closer to where the problems occur.  Their local knowledge will help them more quickly adjudicate or close these cases. Please join us in support of this legislation.