Misclassification Of Workers As independent Contractors: Illegal In Pennsylvania Construction Industry

By Vincent J. Quatrini, Jr., Esq.

On February 10, 2011, the Construction Workplace Misclassification Act took effect in Pennsylvania. It is now illegal for any commercial or residential contractor in Pennsylvania to misclassify employees as independent contractors.

In order to make sure that employers do not coerce a worker into the category of independent contractor, the new law prohibits requiring or demanding that an individual enter into an agreement or sign a document which improperly classifies a worker as an independent contractor. Of equal importance, there is a provision in the new law that an employer may not retaliate against any person who exercises these rights, including the filing of a complaint or reporting an employer's noncompliance with the Act. Finally, an employer may not intentionally contract with another employer knowing that the other employer intends to misclassify employees.

Each misclassification of an employee is a separate violation of the law and is subject to fines.

Additional important details of this new law can be found at http://painjuredworkers.blogspot.com/.

If you feel that you, or someone you know, is being misclassified as an independent contractor instead of an employee, please call our office at 888-288-9748. We will guide you in reporting the violation and inform you of possible remedies.