Pilot program to combat misclassification of construction workers

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Delaware County recently launched a joint enforcement pilot program to combat the misclassification of construction workers.

The program is a joint effort between the offices of Attorney General Josh Shapiro and Delaware County District Attorney Jack Stollsteimer.

The Construction Workplace Misclassification Act (Act 72) protects construction workers from being misclassified as independent contractors instead of as employees. Misclassification denies workers protections under labor and employment laws. It also costs millions of dollars in lost unemployment and workers’ compensation payments and tax revenue.

Under the act, for a construction worker to be lawfully classified as an independent contractor, several specific criteria be met. If the requirements are not met, a construction worker is classified as an employee.

“Contractors in Delaware County that have been exploiting vulnerable construction workers to make a profit be advised – this practice will no longer be tolerated,” Shapiro said. “I am pleased to announce today a partnership between my office and the Delaware County District Attorney’s Office to prosecute Act 72 violations.”

The goal of the program is to deter future wrongdoing, punish those who choose to break the law, and ensure fairness in the construction industry.

Shapiro hopes that the program will serve as a model for joint enforcement efforts statewide.