Pennsylvania

Section 920.1. Short title

This act shall be known and may be cited as the Self-Employment Assistance Program Act.

CREDIT(S): 1997, Nov. 26, P.L. 504, No. 54, § 1, imd. effective.

Section 920.2. 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:

"Department." The Department of Labor and Industry of the Commonwealth.

"Full-time basis." The devoting of such amount of time as is prescribed by the Department of Labor and Industry, on its own or in consultation with its designated service provider, to be necessary for a program participant to establish a business and become self-employed.

"Program." The Self-Employment Assistance Program established in section 3."Program participant." An individual:

(1) who is selected for participation in the program, at the discretion of the Department of Labor and Industry, from among individuals who are eligible for regular benefits and are identified through a worker profiling system as likely to exhaust regular benefits;

(2) who is eligible for funding for participation in the program;

(3) for whom funding for participation in the program is available; and

(4) who has not been terminated from or voluntarily left the program.

"Regular benefits." Benefits payable to an individual under the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. 2897, No. 1), [FN1] known as the Unemployment Compensation Law, or unemployment compensation benefits payable to Federal civilian employees and to ex-servicemembers pursuant to Federal law, other than additional and extended benefits.

"Self-employment assistance activities." Activities, including, but not limited to, entrepreneurial training, business counseling and technical assistance, approved by the Department of Labor and Industry, on its own or in consultation with its designated service provider, for the program participant. These activities may be provided by either the Department of Labor and Industry or its designated service provider.

"Self-employment assistance allowance." An allowance in lieu of regular benefits and funded in the same manner as regular benefits, payable to a program participant who meets the requirements of this act.

"Unemployment Compensation Law." The act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. 2897, No. 1), known as the Unemployment Compensation Law.

CREDIT(S): 1997, Nov. 26, P.L. 504, No. 54, § 2, imd. effective. [FN1] 43 P.S. § 751 et seq.

Section 920.3. Program

The department shall establish a self-employment assistance program in accordance with the provisions of this act, subject to the availability of all funds necessary for the program. The department may implement the program on a pilot basis. Information about the program shall be made available to potential program participants.

CREDIT(S): 1997, Nov. 26, P.L. 504, No. 54, § 3, imd. effective.

Section 920.4. Self-employment assistance allowance

Subject to the provisions of section 5, the weekly self-employment assistance allowance payable under this act to a program participant shall be equal to the weekly benefit amount for regular benefits otherwise payable. The sum of the allowances paid under this act and regular benefits paid with respect to any benefit year shall not exceed the maximum amount payable for the benefit year under section 404 of the Unemployment Compensation Law.

CREDIT(S): 1997, Nov. 26, P.L. 504, No. 54, § 4, imd. effective.

Section 920.5. Eligibility

(a) General rule.--The self-employment assistance allowance described in section 4 shall be payable to a program participant who participates in self-employment assistance activities and is actively engaged on a full-time basis in efforts to establish a business and become self-employed. The self-employment assistance allowance shall be payable at the same interval, on the same terms and subject to the same conditions as regular benefits, with the following exceptions:

(1) The requirements of sections 401(d)(1) [FN1] and 402(a) [FN2] of the Unemployment Compensation Law are not applicable to such program participant.

(2) The requirements of sections 402(h) and 404(d)(1) [FN3] of the Unemployment Compensation Law are not applicable to income earned from self- employment by such program participant.

(3) Such program participant shall be considered to be unemployed under sections 401 and 402 of the Unemployment Compensation Law.

(b) Ineligibility.--A program participant who fails to participate in self-employment assistance activities or who fails to actively engage on a full-time basis in efforts to establish a business and become self-employed shall be ineligible for a self-employment assistance allowance for a week in which such failure occurs.

CREDIT(S): 1997, Nov. 26, P.L. 504, No. 54, § 5, imd. effective. [FN1] 43 P.S. § 801(d)(1). [FN2] 43 P.S. § 802(a). [FN3] 43 P.S. § 804(d)(1).

Section 920.6. Termination

A program participant may be terminated from the program by the department if the individual fails to participate in self-employment assistance activities or fails to actively engage on a full-time basis in efforts to establish a business and become self-employed. Individuals who are terminated from or voluntarily leave the program may receive, if otherwise eligible, regular benefits with respect to the benefit year, provided that the sum of regular benefits paid and self-employment assistance allowances paid with respect to the benefit year shall not exceed the maximum amount payable for the benefit year under section 404 of the Unemployment Compensation Law. [FN1]

CREDIT(S): 1997, Nov. 26, P.L. 504, No. 54, § 6, imd. effective. [FN1] 43 P.S. § 804.

Section 920.7. Limitation

For a specific time period, the number of program participants receiving a self-employment assistance allowance under this act shall not exceed 5% of the number of individuals receiving regular benefits during that time period.

CREDIT(S): 1997, Nov. 26, P.L. 504, No. 54, § 7, imd. effective.

Section 920.8. Costs

Self-employment assistance allowances paid under this act shall be charged to employers as regular benefits are charged under the Unemployment Compensation Law.

CREDIT(S): 1997, Nov. 26, P.L. 504, No. 54, § 8, imd. effective.

Section 920.9. Applicability of Unemployment Compensation Law

(a) General.--Except where inconsistent with this act, all terms and conditions of Federal law and the Unemployment Compensation Law applicable to regular benefits shall be applicable to self-employment assistance allowances under this act.

(b) Specific.--Article V of the Unemployment Compensation Law, [FN1] shall apply to determinations under this act.

CREDIT(S): 1997, Nov. 26, P.L. 504, No. 54, § 9, imd. effective. [FN1] 43 P.S. § 821 et seq.

Section 920.10. Rules and regulations

The department may promulgate regulations to carry out the purposes of this act.

CREDIT(S): 1997, Nov. 26, P.L. 504, No. 54, § 10, imd. effective.

Section 920.11. Report to General Assembly

(a) General rule.-- The department shall make a report of the program provided for in this act to the Labor and Industry Committee of the Senate and the Labor Relations Committee of the House of Representatives by March 1, 1999, and annually by the first day of March thereafter.

(b) Content.--This report shall include annual data on the number of program participants and the number of businesses developed under the program, business survival data, the cost of operating the program, compliance with program requirements and data related to business income, the number of employees and wages paid in the new businesses and the incidence and duration of unemployment after business start-up. The report may also include any recommended changes in the program.

CREDIT(S): 1997, Nov. 26, 1997, P.L. 504, No. 54, § 11, imd. effective.

Section 920.12. Applicability

(a) Commencement.--The provisions of this act shall apply to those weeks commencing after the following, whichever is later:

(1) ninety days after the enactment of this act; or

(2) the date of notice published in the Pennsylvania Bulletin that this act and the department's implementation plan have been approved by the United States Department of Labor.

(b) --Repealed by 2002, Dec. 9, P.L. 1682, No. 213, Section 6, imd. effective.

CREDIT(S): 1997, Nov. 26, P.L. 504, No. 54, § 12, imd. effective. Amended 2002, Dec. 9, P.L. 1682, No. 213, § 6, imd. effective.

Sections 1103.101, 1103.102. Unconstitutional

Sections 1103.201, 1103.202. Unconstitutional

Sections 1103.301 to 1103.303. Unconstitutional

Section 1103.401. Unconstitutional

Section 1103.501. Unconstitutional

Section 1103.601. Unconstitutional

Section 1103.701. Unconstitutional

Section 1102.1. Short title

This act shall be known and may be cited as the Public Employee Fair Share Fee Law.

CREDIT(S): 1993, June 2, P.L. 45, No. 15, § 1, imd. effective.

Section 1102.2. 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:

"Bona fide religious objection." An objection to the payment of a fair share fee based upon the tenets or teachings of a bona fide church or religious body of which the employee is a member.

"Employee organization." An organization of any kind or any agency or employee representation committee or plan in which membership includes public employees and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, employee-employer disputes, wages, rates of pay, hours of employment or conditions of work. The term does not include any organization which practices discrimination in membership because of race, gender, color, creed, national origin or political affiliation.

"Exclusive representative." The employee organization selected by the employees of a public employer to represent them for purposes of collective bargaining pursuant to the act of July 23, 1970 (P.L. 563, No. 195), known as the Public Employe Relations Act. [FN1]

"Fair share fee." The regular membership dues required of members of the exclusive representative, less the cost for the previous fiscal year of its activities or undertakings which were not reasonably employed to implement or effectuate the duties of the employee organization as exclusive representative.

"Nonmember." A public employer's employee who is not a member of the exclusive representative but who is represented in a collective bargaining unit by the exclusive representative for purposes of collective bargaining.

"Political subdivision." A city, county, borough, incorporated town, township, institution district or any newly created governmental unit.

"Public employer." All political subdivisions of the Commonwealth. The term shall include "community college" as defined in section 1901-A of the act of March 10, 1949 (P.L. 30, No. 14), known as the Public School Code of 1949. [FN2]

"Statewide employee organization." The Statewide affiliated parent organization of an exclusive representative, or an exclusive representative representing employees Statewide, which is receiving nonmember fair share payments.

CREDIT(S): 1993, June 2, P.L. 45, No. 15, § 2, imd. effective. [FN1] 43 P.S. § 1101.101 et seq. [FN2] 24 P.S. § 19-1901-A.

Section 1102.3. Fair share fee

If the provisions of a collective bargaining agreement so provide, each nonmember of a collective bargaining unit shall be required to pay to the exclusive representative a fair share fee.

CREDIT(S): 1993, June 2, P.L. 45, No. 15, § 3, imd. effective.

Section 1102.4. Procedure

(a) Deduction by employer.--To implement fair share agreements in accordance with section 3, [FN1] the exclusive representative shall provide the public employer with the name of each nonmember who is obligated to pay a fair share fee, the amount of the fee that he is obligated to pay and a reasonable schedule for deducting the amount from the salary or wages of the nonmember. The public employer shall deduct the fee in accordance with the schedule and promptly transmit the amount deducted to the exclusive representative.

(b) Annual notice.--As a precondition to the collection of fair share fees, the exclusive representative shall establish and maintain a full and fair procedure, consistent with constitutional requirements, that provides nonmembers, by way of annual notice, with sufficient information to gauge the propriety of the fee and that responds to challenges by nonmembers to the amount of the fee. The procedure shall provide for an impartial hearing before an arbitrator to resolve disputes regarding the amount of the chargeable fee. A public employer shall not refuse to carry out its obligations under subsection (a) on the grounds that the exclusive representative has not satisfied its obligation under this subsection.

CREDIT(S): 1993, June 2, P.L. 45, No. 15, § 4, imd. effective. [FN1] 43 P.S. § 1102.3.

Section 1102.5. Objection to fee

(a) Grounds.--Within 40 days of transmission of notice under section 4, [FN1] any nonmember may challenge the fee based upon:

(1) The propriety of the fair share fee.

(2) Bona fide religious grounds.

(b) Procedure.--Any objection under subsection (a) shall be made in writing to the exclusive representative and shall state whether the objection is made on the grounds set forth in subsection (a).

(c) Challenge to propriety of fee.--If a challenge is made under subsection (a)(1), the challenge shall be resolved, along with all similar challenges, by an impartial arbitrator, paid for by the exclusive representative and selected by the American Arbitration Association or the Federal Mediation and Conciliation Service pursuant to the Rules for Impartial Determination of Union Fees promulgated by the American Arbitration Association. This subsection does not preclude a constitutional challenge being filed in a court of competent jurisdiction.

(d) Challenge based upon religious grounds.--If a challenge is made under subsection (a)(2), the objector shall provide the exclusive representative with verification that the challenge is based on bona fide religious grounds. If the exclusive representative accepts the verification, the challenging nonmember shall pay the equivalent of the fair share fee to a nonreligious charity agreed upon by the nonmember and the exclusive representative. If the exclusive representative rejects the verification because it is not based on bona fide religious grounds, the challenging nonmember may challenge that determination within 40 days from receipt of notification.

(e) Escrow account.--If a challenge is made under subsection (a), the exclusive representative shall place each challenged fair share fee into an interest-bearing escrow account until the challenge is resolved by an arbitrator.

CREDIT(S): 1993, June 2, P.L. 45, No. 15, § 5, imd. effective. [FN1] 43 P.S. § 1102.4.

Section 1102.6. Reports

Every Statewide employee organization required to submit a report under Title II of the Labor-Management Reporting and Disclosure Act of 1959 (Public Law 86-257, 29 U.S.C. Section 401 et seq.) shall make available to the Secretary of Labor and Industry a copy of such report.

CREDIT(S): 1993, June 2, P.L. 45, No. 15, § 6, imd. effective.

Section 1102.7. Public records

All materials and reports filed pursuant to this act shall be deemed to be public records and shall be available for public inspection at the Office of the Secretary of Labor and Industry during the usual business hours of the Department of Labor and Industry.

CREDIT(S): 1993, June 2, P.L. 45, No. 15, § 7, imd. effective.

Section 1102.8. Penalties

(a) Violations by organization.--An employee organization which violates any provision of this act or fails to file any required report or affidavit or files a false report or affidavit commits a summary offense subject to a fine of not more than $2,000.

(b) Violation by individuals.--An individual who willfully violates this act or who makes a false statement knowing it to be false or who knowingly fails to disclose a material fact commits a summary offense subject to a fine of not more than $1,000 or imprisonment for not more than 30 days, or both. Each individual required to sign affidavits or reports under this act shall be personally responsible for filing such reports or affidavits and for any statement contained therein he knows to be false.

CREDIT(S): 1993, June 2, P.L. 45, No. 15, § 8, imd. effective.

Section 1102.9. Severability

The provisions of this act are severable. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application.

CREDIT(S): 1993, June 2, P.L. 45, No. 15, § 9, imd. effective.

Section 933.1. Short title

This act shall be known and may be cited as the Construction Workplace Misclassification Act.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 1, effective in 120 days [Feb. 10, 2011].

Section 933.2. 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." Erection, reconstruction, demolition, alteration, modification, custom fabrication, building, assembling, site preparation and repair work done on any real property or premises under contract, whether or not the work is for a public body and paid for from public funds.

"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 it in section 104 of the act of June 2, 1915 (P.L. 736, No. 338), [FN1] known as the Workers' Compensation Act.

(2) In relation to unemployment compensation, the term shall have the meaning given to it in section 4(i) of the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. 2897, No. 1), [FN2] known as the Unemployment Compensation Law.

"Employer." Either of the following:

(1) In relation to workers' compensation, the term shall have the meaning given to it in section 103 of the act of June 2, 1915 (P.L. 736, No. 338), [FN3] known as 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 act of December 5, 1936 (2nd Sp. Sess., 1937 P.L. 2897, No. 1), known as the Unemployment Compensation Law.

"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), [FN4] known as the Unemployment Compensation Law.

"Workers' Compensation Act." The act of June 2, 1915 (P.L. 736, No. 338), [FN5] known as the Workers' Compensation Act.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 2, effective in 120 days [Feb. 10, 2011]. [FN1] 77 P.S. § 22. [FN2] 43 P.S. § 753. [FN3] 77 P.S. § 21. [FN4] 43 P.S. § 751 et seq. [FN5] 77 P.S. § 1 et seq.

Section 933.3. 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.

(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.

(b) Criteria.--An individual is customarily engaged in an independently established trade, occupation, profession or business with respect to services the individual performs in the commercial or residential building construction industry only if:

(1) The individual possesses the essential tools, equipment and other assets necessary to perform the services independent of the person for whom the services are performed.

(2) The individual's arrangement with the person for whom the services are performed is such that the individual shall realize a profit or suffer a loss as a result of performing the services.

(3) The individual performs the services through a business in which the individual has a proprietary interest.

(4) The individual maintains a business location that is separate from the location of the person for whom the services are being performed.

(5) The individual:

(i) previously performed the same or similar services for another person in accordance with paragraphs (1), (2), (3) and (4) while free from direction or control over performance of the services, both under the contract of service and in fact; or

(ii) holds himself out to other persons as available and able, and in fact is available and able, to perform the same or similar services in accordance with paragraphs (1), (2), (3) and (4) while free from direction or control over performance of the services.

(6) The individual maintains liability insurance during the term of this contract of at least $50,000.

(c) Factors not to be considered.--The failure to withhold Federal or State income taxes or pay unemployment compensation contributions or workers' compensation premiums with respect to an individual's remuneration shall not be considered in determining whether the individual is an independent contractor for purposes of the Workers' Compensation Act or the Unemployment Compensation Law.

(d) Workers' compensation.--

(1) An individual who is an independent contractor as determined under this section is not an employee for purposes of the Workers' Compensation Act. For purposes of this section, each employment relationship shall be considered separately.

(2) Nothing in this act shall be construed to affect section 321(2) of the Workers' Compensation Act. [FN1]

(e) Unemployment compensation.--

(1) For purposes of section 4(l)(2)(B) of the Unemployment Compensation Law, [FN2] an individual is customarily engaged in an independently established trade, occupation, profession or business with respect to services the individual performs in the construction industry only if the criteria in subsection (b) are satisfied.

(2) Except as provided in paragraph (1), nothing in this act shall be construed to affect any exclusion from "employment" as defined in the Unemployment Compensation Law.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 3, effective in 120 days [Feb. 10, 2011]. [FN1] 77 P.S. § 676. [FN2] 43 P.S. § 753.

Section 933.4. Improper classification of employees

(a) Violation.--An employer, or officer or agent of an employer, shall be in violation of this act and shall be subject to the penalties, remedies and actions contained in this act if the employer, officer or agent:

(1) fails to properly classify an individual as an employee for purposes of the Workers' Compensation Act [FN1] and fails to provide the coverage required under the Workers' Compensation Act; or

(2) fails to properly classify an individual as an employee for purposes of the Unemployment Compensation Law [FN2] and fails to pay contributions, reimbursements or other amounts required to be paid under the Unemployment Compensation Law.

(b) Separate offenses.--Each individual who is not properly classified as an employee shall be the basis of a separate violation of this section.

(c) Order to show cause.--

(1) If the secretary receives information indicating that any person has violated this act, the secretary may investigate the matter and issue an order to show cause why the person should not be found in violation of this act.

(2) A person served with an order to show cause shall have a period of 20 days from the date the order is served to file an answer in writing.

(3) If the person fails to file a timely and adequate answer to the order to show cause, the secretary may, following notice and hearing, do any of the following:

(i) petition a court of competent jurisdiction to issue a stop-work order as provided in section 7; [FN3] or

(ii) immediately assess penalties as provided in section 6. [FN4]

(d) Enforcement.--If, subsequent to issuing an order to show cause under subsection (c), the secretary finds probable cause that an employer has committed a criminal violation of this act, the secretary shall refer the matter to the Office of Attorney General for investigation or impose administrative penalties under section 6.

(e) Acting in concert with other parties.--A party that does not meet the definition of "employer" in section 2, [FN5] but which intentionally contracts with an employer knowing the employer intends to misclassify employees in violation of this act, shall be subject to the same penalties, remedies or other actions as the employer found to be in violation of this act.

(f) Defense.--It shall be a defense to an alleged violation of this section if the person for whom the services are performed in good faith believed that the individual who performed the services qualified as an independent contractor at the time the services were performed.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 4, effective in 120 days [Feb. 10, 2011]. [FN1] 77 P.S. § 1 et seq. [FN2] 43 P.S. § 751 et seq. [FN3] 43 P.S. § 933.7. [FN4] 43 P.S. § 933.6. [FN5] 43 P.S. § 933.2.

Section 933.5. Criminal penalties

(a) Grading.--An employer, or officer or agent of an employer, that intentionally violates section 4(a) [FN1] commits:

(1) A misdemeanor of the third degree for a first offense.

(2) A misdemeanor of the second degree for a second or subsequent offense.

(b) Summary offense.--An employer, or officer or agent of an employer, that negligently fails to properly classify an individual as an employee under section 4(a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $1,000. Evidence of a prior conviction under this subsection shall be admissible as evidence of intent under subsection (a).

(c) Concurrent jurisdiction.--

(1) The Attorney General shall have concurrent prosecutorial jurisdiction with the district attorney of the appropriate county for violations under this section and any offense arising out of the activity prohibited by this section.

(2) No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to prosecute the case, and if a challenge is made, the challenge shall be dismissed, and no relief shall be available in the courts of this Commonwealth to the person making the challenge.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 5, effective in 120 days [Feb. 10, 2011]. [FN1] 43 P.S. § 933.4.

Section 933.6. Administrative penalties

(a) General rule.--When the secretary finds that a person has violated this act, the secretary may assess and collect civil penalties of not more than $1,000 for the first violation, and not more than $2,500 for each subsequent violation.

(b) Factors to be considered.--When determining the amount of the penalty to be imposed, the secretary shall consider factors including, but not limited to:

(1) The history of previous violations by the employer.

(2) The seriousness of the violation.

(3) The good faith of the employer.

(4) The size of the employer's business.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 6, effective in 120 days [Feb. 10, 2011].

Section 933.7. Stop-work orders

(a) Issuance of order.--

(1) If the secretary determines, subsequent to the issuance of an order to show cause under section 4(c), [FN1] that an employer, or officer or agent of the employer, has intentionally failed to properly classify an individual as an employee under section 4(a), the secretary may petition a court of competent jurisdiction to issue a stop-work order requiring the cessation of work by individuals who are improperly classified within 24 hours of the effective date of the order, or in the event that a majority of individuals working at a site are improperly classified, requiring the cessation of all business operations of that employer at each site at which a violation occurred within 24 hours of the effective date of the order.

(2) The order shall take effect when served upon the employer, or, for a particular employer worksite, when served at the worksite. The order shall remain in effect until the court issues an order releasing the stop-work order or upon finding that the employer, or officer or agent of the employer, is no longer in violation of this act.

(3) An order releasing a stop-work order may include a requirement that the employer file with the department periodic reports for a probationary period that shall not exceed two years demonstrating the employer's continued compliance with this act.

(b) Applicability of orders and penalties.--Stop-work orders under subsection (a) and penalties under subsection (c) shall be in effect against any successor corporation or business entity that has one or more of the same principals or officers as the employer against whom the stop-work order was issued or penalties imposed and which is engaged in the same or equivalent trade or activity.

(c) Penalty.--The court shall assess a penalty of $1,000 per day against an employer for each day that the employer conducts business operations that are in violation of a stop-work order issued under this section.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 7, effective in 120 days [Feb. 10, 2011]. [FN1] 43 P.S. § 933.4.

Section 933.8. Procedure

(a) Hearings.--Actions taken under sections 4(c) and 6 [FN1] shall be subject to the provisions of 2 Pa.C.S. (relating to administrative law and procedure).

(b) Subpoena powers.--The department shall have the power to subpoena witnesses, administer oaths, examine witnesses and take testimony or compel the production of documents. The secretary may petition the Commonwealth Court to enforce any order or subpoena issued under this act.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 8, effective in 120 days [Feb. 10, 2011]. [FN1] 43 P.S. §§ 933.4, 933.6.

Section 933.9. Certain agreement prohibited

(a) Violation.--No person shall require or demand that an individual enter into an agreement or sign a document which results in the improper classification of that individual as an independent contractor.

(b) Penalty.--A violation of subsection (a) shall be punishable by an administrative fine of not less than $1,000 and not more than $2,500. Each violation shall be considered a separate offense under this section.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 9, effective in 120 days [Feb. 10, 2011].

Section 933.10. Retaliation for action prohibited

(a) General rule.--It shall be unlawful for an employer, or officer or agent of an employer, to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under this act. Rights protected under this act include, but are not limited to, the right to file a complaint or inform any person about an employer's noncompliance with this act.

(b) Good faith allegations of noncompliance.--Any person who in good faith alleges noncompliance with this act shall be afforded the rights provided by this act, notwithstanding the person's failure to prevail on the merits.

(c) Rebuttable presumptions.--Taking adverse action against a person within 90 days of the person's exercise of rights protected under this act shall raise a rebuttable presumption of having done so in retaliation for the exercise of those rights.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 10, effective in 120 days [Feb. 10, 2011].

Section 933.11. Availability of information

The department shall create a poster for job sites which outlines the requirements and penalties under this act and shall make the poster available on its Internet website. At the discretion of the secretary, a toll-free hotline telephone number may be established to receive alleged violations.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 11, effective in 120 days [Feb. 10, 2011].

Section 933.12. Use of penalty funds

Any sum collected as a penalty under:

(1) Sections 6, 7 and 9 [FN1] for a violation of section 4(a)(1) [FN2] shall be paid into the Workers' Compensation Administration Fund.

(2) Sections 6, 7 and 9 for a violation of section 4(a)(2) shall be paid into the Special Administration Fund created under section 601.1 of the Unemployment Compensation Law. [FN3]

(3) Section 9 for a violation of any other provision of this act shall be divided equally between the Workers' Compensation Administration Fund and the Special Administration Fund.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 12, effective in 120 days [Feb. 10, 2011]. [FN1] 43 P.S. §§ 933.6, 933.7, 933.9. [FN2] 43 P.S. § 933.4. [FN3] 43 P.S. § 841.1.

Section 933.13. Rules and regulations

The department may promulgate rules and regulations necessary to implement this act.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 13, effective in 120 days [Feb. 10, 2011].

Section 933.14. Annual report required

The department shall submit an annual report to the General Assembly by March 1 of the year following the first full year in which this act is in effect, and each year thereafter, detailing, to the maximum extent possible, data on the previous calendar year's administration and enforcement of this act. The department may include any relevant facts and statistics that it believes necessary in the content of the report.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 14, effective in 120 days [Feb. 10, 2011].

Section 933.15. Severability

The provisions of this act are severable. If any provision of this act or its application to any individual or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 15, effective in 120 days [Feb. 10, 2011].

Section 933.16. Construction of law

(a) Other laws.--Nothing contained in this act shall be construed to impair or affect in any manner the ability of the department and secretary to carry out the powers and duties prescribed by the laws of this Commonwealth.

(b) Other industries.--The department is not precluded from finding misclassification in any industry on the basis of the laws of this Commonwealth.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 16, effective in 120 days [Feb. 10, 2011].

Section 933.17. Funding

The department shall not be required to enforce this act until adequate funding is appropriated.

CREDIT(S): 2010, Oct. 13, P.L. 506, No. 72, § 17, effective in 120 days [Feb. 10, 2011].

Section 932.1. Short title

This act shall be known and may be cited as the Prohibition of Excessive Overtime in Health Care Act.

CREDIT(S): 2008, Oct. 9, P.L. 1376, No. 102, § 1, effective July 1, 2009.

Section 932.2. 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:

"Clinical care services." The diagnostic, treatment or rehabilitative services provided in a health care facility, including the following: radiology and diagnostic imaging, such as magnetic resonance imaging and positron emission tomography; radiation therapy; phlebotomy; electrocardiogram and electroencephalography; and laboratory medical services.

"Department." The Department of Labor and Industry of the Commonwealth.

"Employee." An individual employed by a health care facility or by the Commonwealth or a political subdivision or instrumentality of the Commonwealth who is involved in direct patient care activities or clinical care services and who receives an hourly wage or is classified as a nonsupervisory employee for collective bargaining purposes. The term includes an individual employed through a personnel agency that contracts with a health care facility to provide personnel. The term does not include a physician, physician assistant, dentist or worker involved in environmental services, clerical, maintenance, food service or other job classification not involved in direct patient care and clinical care services.

"Health care facility." A facility which provides clinically related health services, regardless of whether the operation is for profit or nonprofit and regardless of whether operation is by the private sector or by State or local government.

(1) The term includes all of the following:

(i) A general or special hospital, a psychiatric hospital, a rehabilitation hospital, a hospice, an ambulatory surgical facility, a long-term care nursing facility, a cancer treatment center using radiation therapy on an ambulatory basis and an inpatient drug and alcohol treatment facility.

(ii) A facility which provides clinically related health services and which is operated by the Department of Corrections, the Department of Health, the Department of Military and Veterans Affairs or the Department of Public Welfare.

(iii) A mental retardation facility operated by the Department of Public Welfare.

(2) The term does not include any of the following:

(i) An office used primarily for private or group practice by a health care practitioner.

(ii) A facility providing treatment solely on the basis of prayer or spiritual means in accordance with the tenets of a church or a religious denomination.

(iii) A facility conducted by a religious organization for the purpose of providing health care services exclusively to clergy or other individuals in a religious profession who are members of the religious denomination conducting the facility.

"On-call time." Time spent by an employee who is not currently working on the premises of the place of employment but who:

(1) is compensated for availability; or

(2) as a condition of employment, has agreed to be available to return to the premises of the place of employment on short notice if the need arises.

"Reasonable efforts." Attempts by a health care facility to:

(1) seek persons who volunteer to work extra time from all available qualified staff who are working at the time of the unforeseeable emergent circumstance;

(2) contact all qualified employees who have made themselves available to work extra time;

(3) seek the use of per diem staff; or

(4) seek personnel from a contracted temporary agency when such staff is permitted by law or regulation.

"Unforeseeable emergent circumstance." Any of the following:

(1) An unforeseeable declared national, State or municipal emergency.

(2) A highly unusual or extraordinary event which is unpredictable or unavoidable and which substantially affects the provision of needed health care services or increases the need for health care services. This paragraph includes:

(i) an act of terrorism;

(ii) a natural disaster; and

(iii) a widespread disease outbreak.

(3) Unexpected absences, discovered at or before the commencement of a scheduled shift, which could not be prudently planned for by an employer and which would significantly affect patient safety.

The term does not include vacancies that arise as a result of chronic short staffing.

CREDIT(S): 2008, Oct. 9, P.L. 1376, No. 102, § 2, effective July 1, 2009.

Section 932.3. Prohibition of mandatory overtime

(a) General rule.--Except as set forth in subsection (c), all of the following apply:

(1) A health care facility may not require an employee to work in excess of an agreed to, predetermined and regularly scheduled daily work shift.

(2) This subsection shall not be construed to prevent an employee from voluntarily accepting work in excess of these limitations.

(3) This subsection shall not be construed:

(i) To prevent an employee from working an agreed to, predetermined and regularly scheduled daily work shift that is greater than eight hours.

(ii) To preclude the hiring of part-time or per diem employees by a health care facility.

(b) Retaliation prohibited.--The refusal of an employee to accept work in excess of the limitations set forth in subsection (a) shall not be grounds for discrimination, dismissal, discharge or any other employment decision adverse to the employee.

(c) Exception.--The provisions of subsection (a) shall not apply to any of the following:

(1) On-call time. Nothing in this paragraph shall be construed to permit a health care facility or employer to use on-call time as a substitute for mandatory overtime or a means of circumventing the intent of this act.

(2) If an unforeseeable emergent circumstance occurs and:

(i) the assignment of additional hours is used as a last resort;

(ii) the health care facility or employer has exhausted reasonable efforts to obtain other staffing; and

(iii) the health care facility or employer provides the employee up to one hour to arrange for the care of the employee's minor child or elderly or disabled family member.

(3) When an employee is required to work overtime to complete a patient care procedure already in progress if the absence of the employee could have an adverse effect on the patient.

(d) Off-duty time.--An employee who is required to work more than 12 consecutive hours per workday pursuant to subsection (c) or who volunteers to work more than 12 consecutive hours shall be entitled to at least ten consecutive hours of off-duty time immediately after the worked overtime. An employee may voluntarily waive the requirements of this subsection.

CREDIT(S): 2008, Oct. 9, P.L. 1376, No. 102, § 3, effective July 1, 2009.

Section 932.4. Collective bargaining

Nothing in this act shall prevent an employer or health care facility from providing employees more protection from mandatory overtime than the minimum established under this act.

CREDIT(S): 2008, Oct. 9, P.L. 1376, No. 102, § 4, effective July 1, 2009.

Section 932.5. Regulations

The department shall, within 18 months of the effective date of this section, promulgate regulations to implement this act.

CREDIT(S): 2008, Oct. 9, P.L. 1376, No. 102, § 5, imd. effective.

Section 932.6. Penalties

(a) Administrative fine.--The department may levy an administrative fine on a health care facility or employer that violates this act or any regulation issued under this act. The fine shall be not less than $100 nor greater than $1,000 for each violation.

(b) Administrative order.--The department may order a health care facility to take an action which the department deems necessary to correct a violation of section 3. [FN1]

(c) Administrative Agency Law.--This section is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).

CREDIT(S): 2008, Oct. 9, P.L. 1376, No. 102, § 6, effective July 1, 2009. [FN1] 43 P.S. § 932.3.

Section 690a.1. Short title

This act shall be known and may be cited as the Dislocated Worker Training Assistance Act.

CREDIT(S): 1987, July 13, P.L. 346, No. 66, § 1, effective July 1, 1987.

Section 690a.2. Statement of purpose

It is the intention of the General Assembly that dislocated workers without adequate means of support to meet their basic personal needs may receive support services necessary to enroll in and remain in appropriate job training programs and to encourage dislocated workers to enroll in training programs in an expeditious manner after their lay-off notice is received.

CREDIT(S): 1987, July 13, P.L. 346, No. 66, § 2, effective July 1, 1987.

Section 690a.3. 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:

"Department." The Department of Labor and Industry of the Commonwealth.

"Dislocated worker." Individuals who are eligible under section 302 of the Job Training Partnership Act (Public Law 97-300, 96 Stat. 1322). [FN1]

CREDIT(S): 1987, July 13, P.L. 346, No. 66, § 3, effective July 1, 1987. [FN1] 29 U.S.C.A. § 1501 et seq. (repealed).

Section 690a.4. Establishment of needs-based payment fund by grant recipients

Every entity who applies for a grant under Title III of the Job Training Partnership Act (Public Law 97-300, 96 Stat. 1322) [FN1] may apply for additional funds under this act to support needs-based payments for dislocated workers enrolled in those programs on a form and in the manner prescribed by the department, subject to the approval of the department.

CREDIT(S): 1987, July 13, P.L. 346, No. 66, § 4, effective July 1, 1987. [FN1] 29 U.S.C.A. § 1501 et seq. (repealed).

Section 690a.5. Eligibility for needs-based payments

(a) Eligible individuals.--Individuals eligible for needs-based payments under this act are dislocated workers who meet all of the following requirements:

(1) They are enrolled in a Title III program.

(2) They are not earning a wage.

(3) Their unemployment compensation payments have been exhausted under any State or Federal program, including specific eligibility under the Trade Act of 1974 (93-618, 19 U.S.C. Section 2101 et seq.), as amended.

Individuals who are otherwise eligible for employment or training services may not be denied such services by reason of being eligible for needs-based payments which could be provided under this act.

(b) Level of payment.--Needs-based payments shall be authorized so each recipient of a Title III grant would be permitted to establish a level of payment tailored to the individual need of each dislocated worker. The maximum payment shall not exceed the maximum cash assistance payment for that county: Provided, however, That participants with no other income shall be eligible to receive up to the maximum payment level. Participants with other sources of income shall be eligible to receive a needs-based payment consistent with the level authorized for participants in the Title II [FN1] program operated in the area.

(c) Extent of payment.--Payments shall be made up to the extent to which funds are appropriated for the program, but in no case will payments be permitted for a period of training which exceeds two years.v

(d) Suspension of payment.--Each recipient of a Title III grant must assure that payments are disallowed for days of training which the participant fails to attend.

CREDIT(S): 1987, July 13, P.L. 346, No. 66, § 5, effective July 1, 1987. [FN1] So in enrolled bill.

Section 690a.6. Dislocated worker programs

Funds not allocated for use for needs-based payments or bonus payments shall be used for general employment and training programs for dislocated workers.

CREDIT(S): 1987, July 13, P.L. 346, No. 66, § 6, effective July 1, 1987.

Section 690a.7. Reporting

The department shall submit a report to the General Assembly, no later than July 31 each year on the need for needs-based payments in Title III programs. The General Assembly shall have complete access to all data upon which the annual report is based.

CREDIT(S): 1987, July 13, P.L. 346, No. 66, § 7, effective July 1, 1987.

Section 690.1. Short title

This act shall be known and may be cited as the "Manpower Employment Assistance and Training Act."

CREDIT(S): 1968, July 31, P.L. 736, No. 232, § 1, imd. effective.

Section 690.2. Findings and purposes

(a) The General Assembly finds that there are persons who lack the academic and vocational education and training necessary to obtain and hold employment in the present-day economy, and that there is a need to:

(1) Utilize fully the potentials of many individuals who are currently unemployed, underemployed, or employed in jobs or industries which are being rendered technologically obsolete;

(2) Erase the impediments to the full utilization of manpower fostered by discrimination against non-white minority groups in education, training and job placement;

(3) Cooperate with private enterprise to provide vocational and related education and training to strengthen the economy of the Commonwealth; and

(4) Eliminate the conditions which doom persons and families to life-long unemployment, underemployment, and dependency upon the aid, care and support of welfare agencies.

(b) Pursuant to these findings, the General Assembly states that the purposes of this act are to:

(1) Authorize the establishment or support of programs to utilize all available manpower services;

(2) Provide the necessary services, programs, incentives, and opportunities to create full employment in the regular economy; and

(3) Develop useful skills through training, on-the-job supervision, and special work projects in order to create for individuals and their families financial independence, useful rules in the community, dignity and self-esteem.

CREDIT(S): 1968, July 31, P.L. 736, No. 232, § 2.

Section 690.3. Definitions

The following terms, whenever used or referred to in this act, shall have the following meanings, except in those instances where the context clearly indicates a different meaning:

"County" means any county of the Commonwealth of Pennsylvania.

"Department" means the Department of Community Affairs.

"Municipality" means any city, borough, township or town.

"Secretary" means the Secretary of Community Affairs.

CREDIT(S): 1968, July 31, P.L. 736, No. 232, § 3.

Section 690.4. Program authorization

(a) The department is hereby authorized to:

(1) Organize, initiate, develop, and carry out, or assist in the development and administration of manpower programs for the employment of individuals;

(2) Adopt and assist in the adoption of practical methods of vocational training and guidance, or related programs of training and guidance;

(3) Establish or assist in the establishment of programs for the improvement of employment potentials of individuals;

(4) Rehabilitate or assist in the rehabilitation of disadvantaged persons, unemployed persons or underemployed persons;

(5) Employ such personnel as may be necessary to carry out the purposes of this act; and

(6) Exercise its powers to include, but not be limited to, the execution of the following programs:

(i) Funding of special transportation arrangements to allow individuals to reach the location of meaningful job opportunities;

(ii) Purchase of professionally directed educational training services;

(iii) Direct payments to trainees in the form of training, subsistence, and transportation allowances;

(iv) Contribute wage payments to public works projects;

(v) Reimbursement, in whole or in part, of the costs of job orientation and on-the-job training in commerce and industry;

(vi) Support of the staff costs for specialized recruitment, orientation and training of the hard-core unemployed by existing agencies;

(vii) Subsidization of specialized services designed to meet the social needs of the hard-core unemployed and their families; and

(viii) Aid employers in modifying their job specifications to allow more jobs to become available to the hard-core unemployed.

(b) The secretary is hereby authorized to contract with, cooperate with, enter into agreements with, make capital grants to, receive contributions or grants from any agency of the Federal government or of the Commonwealth, and any county or municipality, authority, corporation, organization, association, or person in the furtherance of the execution of powers contained in subsection (a) of section 4. [FN1]

CREDIT(S): 1968, July 31, P.L. 736, No. 232, § 4. [FN1] This section.

Section 690.5. General powers and duties; regulations

(a) It shall be the duty of the department to administer this act through employes and offices of the department, as provided herein and in accordance with rules and regulations promulgated by the department and agreements consummated between the department and any private nonprofit corporation.

(b) The department shall submit to the Governor and to each House of the General Assembly an annual report covering the administration and operation of this act, and shall make such recommendations for amendments to this act as it deems proper. Such reports and recommendations shall be presented on or before the thirty-first day of December of each year.

(c) In order to effectuate and enforce the provisions of this act, the department is authorized to promulgate necessary rules and regulations and prescribe conditions and procedures in order to assure compliance in carrying out the purposes for which grants may be made hereunder.

CREDIT(S): 1968, July 31, P.L. 736, No. 232, § 5.

Section 690.6. Appropriations

The sum of six million dollars ($6,000,000) is hereby specifically appropriated to the department to be used as authorized by this act.

CREDIT(S): 1968, July 31, P.L. 736, No. 232, § 6.

Section 690.7. Separability

Notwithstanding any other evidence of legislative intent it is hereby declared to be the controlling legislative intent that if any provision of this act or the application thereof to any person or circumstances is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

CREDIT(S): 1968, July 31, P.L. 736, No. 232, § 7.