HB 276 — An Act providing for interagency cooperation regarding employee misclassification; and establishing the Employee Misclassification Working Group.

PRINTER'S NO.   220

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 276
                                               Session of
                                                 2025

     INTRODUCED BY DELLOSO, WEBSTER, GIRAL, KINKEAD, McNEILL,
        SCHLOSSBERG, SANCHEZ, PROBST, A. BROWN, PIELLI, VENKAT, KHAN,
        BURGOS, HILL-EVANS, McANDREW, HOWARD, DONAHUE, HADDOCK,
        NEILSON, MERSKI, CIRESI, FREEMAN, D. MILLER, FIEDLER, DEASY,
        O'MARA AND CERRATO, JANUARY 22, 2025

     REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS AND
        OPERATIONS, JANUARY 22, 2025


                                    AN ACT
 1   Providing for interagency cooperation regarding employee
 2      misclassification; and establishing the Employee
 3      Misclassification Working Group.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Employee
 8   Misclassification Working Group Act.
 9   Section 2.   Definitions.
10      The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Department."    The Department of Labor and Industry of the
14   Commonwealth.
15      "Secretary."    The Secretary of Labor and Industry of the
16   Commonwealth.
 1      "Working group."       The Employee Misclassification Working
 2   Group established under section 4(a).
 3   Section 3.     Interagency cooperation.
 4      (a)   Exchange of State tax information.--Consistent with
 5   current law, the Department of Revenue may provide State tax
 6   information, upon request, to the following:
 7            (1)   The department's Office of Unemployment Compensation
 8      Tax Services.
 9            (2)   For the purposes of assessing or investigating
10      employee misclassification, the department's:
11                  (i)    Bureau of Workers' Compensation.
12                  (ii)    Bureau of Labor Law Compliance.
13                  (iii)    Office of Unemployment Compensation Services
14            Centers.
15                  (iv)    Office of Unemployment Compensation Benefits
16            Policy.
17      (b)   Sharing information.--Nothing in this act shall limit or
18   affect the Department of Revenue and the department from sharing
19   information as otherwise allowed by law.
20      (c)   Federal employer identification numbers.--To ensure the
21   efficiency of the exchange of State tax information under this
22   section, the State agency business applications shall include
23   and use Federal employer identification numbers to identify
24   business entities and streamline compliance crossmatches.
25   Section 4.     Employee Misclassification Working Group.
26      (a)   Establishment.--The Employee Misclassification Working
27   Group is established to coordinate enforcement strategies
28   involving State agencies and employee misclassification.
29      (b)   Composition.--
30            (1)   At a minimum, the working group shall include

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 1      representatives from the department, the Department of
 2      Revenue and the Office of Attorney General.
 3            (2)   Representatives from county district attorneys'
 4      offices and local labor law enforcement offices may
 5      participate in the activities of the working group.
 6      (c)   Chairperson.--
 7            (1)   A representative designated by the secretary shall
 8      serve as the chairperson of the working group.
 9            (2)   The chairperson of the working group may invite
10      other individuals to participate in the activities of the
11      working group.
12      (d)   Meetings.--The working group shall meet at least
13   quarterly at the time and location and in the manner provided by
14   the chairperson of the working group. The working group may meet
15   more often if deemed necessary by the chairperson of the working
16   group.
17   Section 5.     Effective date.
18      This act shall take effect in 60 days.




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