PRINTER'S NO. 1398
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1082
Session of
2024
INTRODUCED BY DILLON, HUGHES, FONTANA, SANTARSIERO, TARTAGLIONE,
COSTA, SAVAL AND KANE, FEBRUARY 23, 2024
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 23, 2024
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, providing for compliance with labor and workplace
safety laws.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 62 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 47
COMPLIANCE WITH LABOR AND WORKPLACE SAFETY LAWS
Sec.
4701. Ensuring that organizations comply with applicable law.
ยง 4701. Ensuring that organizations comply with applicable law.
(a) Compliance with applicable law.--A Commonwealth agency,
in collaboration with the department, shall review and develop
grant-making and contracting processes that ensure that an
employer receiving a grant or contract from the Commonwealth
agency has certified that the employer is in compliance with
applicable labor and workforce safety laws, including all of the
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following:
(1) The act of May 18, 1937 (P.L.665, No.176), known as
the Industrial Homework Law.
(2) The act of December 17, 1959 (P.L.1913, No.694),
known as the Equal Pay Law.
(3) The act of June 19, 1961 (P.L.453, No.225), entitled
"An act requiring employers to pay for medical examination
fee where such examination is a condition for employment, and
providing a penalty."
(4) The act of July 14, 1961 (P.L.637, No.329), known as
the Wage Payment and Collection Law.
(5) The act of August 15, 1961 (P.L.987, No.442), known
as the Pennsylvania Prevailing Wage Act.
(6) The act of January 17, 1968 (P.L.11, No.5), known as
The Minimum Wage Act of 1968.
(7) The act of June 23, 1978 (P.L.537, No.93), known as
the Seasonal Farm Labor Act.
(8) The act of October 13, 2010 (P.L.506, No.72), known
as the Construction Workplace Misclassification Act.
(9) The act of October 24, 2012 (P.L.1209, No.151),
known as the Child Labor Act.
(10) The act of October 7, 2019 (P.L.454, No.75), known
as the Construction Industry Employee Verification Act.
(b) Precluded employers.--
(1) The Department of Labor and Industry shall maintain
a list on the Department of Labor and Industry's publicly
accessible Internet website of each employer that:
(i) has violated a labor law;
(ii) has misclassified the employer's workers;
(iii) owes unemployment compensation back taxes; or
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(iv) fails to carry the requisite workers'
compensation insurance.
(2) Except as provided under paragraph (3), an employer
that is included on the list under paragraph (1) may not
enter into a contract with or apply for a grant from a
Commonwealth agency.
(3) The Department of Labor and Industry shall remove an
employer that has remedied the infraction for which the
employer was placed on the list under paragraph (1). An
employer may remedy the infraction, as determined by the
Department of Labor and Industry, by engaging in any of the
following:
(i) Paying off the employer's lien in full.
(ii) Paying off the employer's fine in full.
(iii) Paying off the employer's fee in full.
(iv) Paying off the employer's owed back wages in
full.
(v) Entering into bankruptcy proceedings.
(vi) Entering into an approved payment plan
agreement with the Department of Labor and Industry.
(vii) Becoming active and current on the employer's
financial obligations to the Bureau of Workers'
Compensation of the Department of Labor and Industry or
the Uninsured Employers Guaranty Fund and providing proof
of coverage or exemption from coverage.
Section 2. This act shall take effect in 60 days.
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