The Pennsylvania Supreme Court has ruled that an Uber driver should be considered an employee. Pennsylvania wage and hour claims are governed by the Pennsylvania Minimum Wage Act of 1968 (PMWA) 1 and Wage Payment and Collection Law (WPCL) 2. Pennsylvania Independent Contractors: What you need to know. If You Have Been Misclassified as a Self-Employed Independent Contractor, You May Recover Compensation Under Pennsylvania's Wage Payment and Collection Law I frequently am contacted by workers who had signed independent contractor agreements, and are paid as if they are self-employed, but in fact do the same job as co-workers who are paid on a w-2 basis. The Construction Workplace Misclassification Act, 43 P.S. When an employee is hired or separates from employment, one statute both the employee and employer must consider is the Pennsylvania Wage Payment and Collection Law (“WPCL”) 43 P.S. A worker is considered to be an employee unless proven otherwise. 0 310 0 obj <>/Filter/FlateDecode/ID[<26C8A94886BCD44E8EFB280D4478D5C6><4CE80D1203489947BB0EC27B723B8DB9>]/Index[295 35]/Info 294 0 R/Length 78/Prev 98803/Root 296 0 R/Size 330/Type/XRef/W[1 2 1]>>stream The Legislature clearly intended the scope of the WPCL to be far broader. Experienced employment discrimination lawyer for employees fighting age, race, sex, disability, religion and national origin discrimination, sexual harassment, FMLA violations and unemployment compensation. This is an employment law that employees can use to secure the payment of compensation and wages that they are owed from their employers. Pennsylvania Independent Contractors Resources. endstream endobj startxref Communications with Debtor Unless they have your prior consent […] Consequently, honest employers have a difficult time competing against those who fail to follow the law. § 501 (Count V). This law, effective as of June 26, 2000, prohibits debt collectors and creditors from engaging in certain unfair or deceptive acts or practices while attempting to collect debts. If the following four conditions are met, you must generally report a payment as nonemployee compensation. Ann. Specifically, under the Pennsylvania Wage Payment and Collection Law (“PWPCL”), 43 P.S. Plaintiffs also bring claims for monetary relief for violations of the Pennsylvania Wage Payment and Collection Law (WPCL), 43 Pa. Stat. In Pennsylvania, federal and state laws govern pay day laws including wage and hour requirements. Pennsylvania independent contractor law defines who is considered an employee and who works on a freelance basis. p����-x��JB�(�#�HñA �M4�n�Sp�X�E��&�ȅ˨k%�ׯ_ӑs�z4��1�]>�W�h����#a���ኁ��o�)��&��&��(�t��h�I�R�d���ä=/U�N���]�|��5ͼ=���`��pZ�f��se2ˋ|�F�=�+zz||T.����7d����ɧr�������bVN������^���7~D`����0m�n�7_���m�VtR:��}��m�r�΍ M����U}{�����תS@��dZ�.I.�ɼi���_��>QGc��vړrVO�^\ֳjI�W��b>+��N���AV����h>�q:غ��܅E���.�=m�i=5�ӊ0��j����o���_�Tƭ7M�3��p�K����o��~��Q����I�X��w�����n3�л�[��q_�9��bv���[^c��)Br�9Q Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. §260.1 et seq. h�bbd``b`�$[AD �`��) �D��A�Ga"�@�s�e �$.F2012n��N�g�� � �& To be an independent contractor both of the following must be shown to the satisfaction of the department:. Frequency of Wage Payments. All rights reserved. Pennsylvania Wage Payment and Collection Law (“WPCL”).8 Kleinknecht claims by analogy that the Contractor and Subcontractor Payment Act is applicable. How employers classify the people who work for them can have important implications for everything from taxes to wage and hour issues. © 2021 BLR®, a division of Simplify Compliance LLC. 329 0 obj <>stream The Pennsylvania Contractor and Subcontractor Payment Act, known as CAPSA or simply the Payment Act, was passed into law in 1994. Many employers in the Pennsylvania building trades will attempt to classify employees as “independent contractors” to avoid paying taxes on their wages as well as other potential liabilities such as workers compensation. Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. Some employers misclassify workers as independent contractors when they really are employees, in order to save on taxes, avoid paying minimum wage or overtime, or shirk other responsibilities. §260.1 et seq. To make things more … An employee … h�b```�$.5``��0pl r endstream endobj 299 0 obj <>stream For purposes of workers' compensation, unemployment compensation, and improper classification of employees, an individual who performs services in the construction industry for remuneration is an independent contractor only ... Model Client-Independent Contractor Agreement, See all Independent Contractors Resources. Next, on May 29, Judge Burke issued an opinion and order holding that the defendant employer violated the Pennsylvania Wage Payment and Collection Law (WPCL) when it paid the plaintiff class members with payroll debit cards. 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