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PA SB72
Bill
Status
5/22/2025
Primary Sponsor
John Kane
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AI Summary
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Amends the Construction Workplace Misclassification Act to increase criminal penalties: first offense becomes a second-degree misdemeanor (up from third-degree), second offense becomes first-degree misdemeanor, and third or subsequent offenses become third-degree felonies
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Creates a new private right of action allowing misclassified construction workers to sue in court within 3 years, with remedies including reinstatement, triple damages for wages and benefits, and attorney fees
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Establishes mandatory debarment from public contracts for employers who intentionally violate the act, with debarment periods up to 3 years for first offense and 5 years for subsequent offenses
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Changes administrative penalties from discretionary to mandatory, with fines up to $1,000 for first violations and $2,500 for subsequent violations, and reduces the response time for show-cause orders from 20 days to 10 days
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Requires employers to post a summary of the act at both job sites and all places of business, and directs all collected penalties and fees into a restricted General Fund account for future enforcement
Legislative Description
Further providing for definitions, for improper classification of employees and for criminal penalties; providing for private right of action; and further providing for administrative penalties, for retaliation for action prohibited, for availability of information, for use of penalty funds and for funding.
Last Action
Laid on the table (Pursuant to Senate Rule 9)
8/12/2025