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§ 168.5. Penalties and remedial orders

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: October 7, 2020

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 43 P.S. Labor (Refs & Annos)
Chapter 5D. Construction Industry Employee Verification Act
Effective: October 7, 2020
43 P.S. § 168.5
§ 168.5. Penalties and remedial orders
Currentness
(a) Order.--Upon a finding of a violation under section 3(a)1 pursuant to an action brought by the Attorney General under this act, the court shall order all of the following:
(1) The employer to terminate the employment of each unauthorized employee.
(2) The employer to a three-year probationary period for each business location where the unauthorized employee performed work. During the probationary period the employer:
(i) shall file quarterly reports with the department of each new employee who is hired by the employer at the business location where the unauthorized employee performed work; and
(ii) may not knowingly employ an unauthorized employee.
(3) The employer, within five business days, to verify in writing to the department that the employer has terminated the employment of each unauthorized employee in this Commonwealth.
(4) Agencies to suspend each license that is held by the employer if the employer fails to timely submit the verification. Each license that is suspended under this paragraph shall remain suspended until the employer complies. Notwithstanding any other law, on filing of the verification, each license shall be reinstated immediately by the appropriate agency. For the purposes of this paragraph, a license that is subject to suspension under this paragraph shall include each license that is held by the employer specific to the business location where the unauthorized employee performed work. If the employer does not hold a license specific to the business location where the unauthorized employee performed work, the court shall order suspension of each license that is held by the employer pertaining to operations anywhere within this Commonwealth.
(b) Duration.--The following shall apply:
(1) For a second violation of section 3(a), the court may order the agency to suspend each license described under subsection (a)(4) that is held by the employer for a period not to exceed 30 business days.
(2) For a subsequent violation of section 3(a) or a violation occurring during a three-year probationary period under subsection (a)(2), the court shall order suspension for a term not less than one year up to the permanent revocation of each license.
(c) Factors.--In determining whether to order suspension or the duration of a suspension, the court shall consider the following factors:
(1) The number of unauthorized employees employed by the employer.
(2) Any prior misconduct by the employer.
(3) The degree of harm resulting from the violation.
(4) Whether the employer made good faith efforts to comply with any applicable requirements.
(5) The duration of the violation.
(6) The role of the directors, officers or principals of the employer in the violation.
(7) Any other factors the court deems appropriate.
(d) Suspension and reinstatement fees.--Nothing in this act shall prohibit an agency from charging any applicable fee for the suspension or reinstatement of a license.

Credits

2019, Oct. 7, P.L. 454, No. 75, § 5, effective in one year [Oct. 7, 2020].

Footnotes

1
43 P.S. § 168.3.
43 P.S. § 168.5, PA ST 43 P.S. § 168.5
Current through 2023 Regular Session Act 1. Some statute sections may be more current, see credits for details.
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