§ 168.2. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: October 7, 2020
Effective: October 7, 2020
43 P.S. § 168.2
§ 168.2. Definitions
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Agency.” An agency, department, board or commission of the Commonwealth or of a municipality that issues a license for purposes of operating a business in this Commonwealth.
“Construction industry.” The industry which engages in the erection, reconstruction, demolition, alteration, modification, custom fabrication, building, assembling, site preparation and repair work or maintenance work done on real property or premises under a contract, including work for a public body or work paid for from public funds.
“Construction industry employer.” As follows:
(1) An individual, entity or organization in the construction industry, which:
(i) transacts business in this Commonwealth; and
(ii) employs at least one employee in this Commonwealth.
(2) The term includes a staffing agency that supplies workers to a construction industry employer.
“Department.” The Department of Labor and Industry of the Commonwealth.
“Employ.” To enter into an employer-employee relationship with an individual or to use a contract, subcontract or exchange with an individual to obtain labor.
“Employee.” An individual who has entered into an employer-employee relationship with a construction industry employer or enters into a contract, subcontract or exchange with a construction industry employer to provide labor.
“Employer.” A construction industry employer.
“E-Verify program.” The Internet-based program administered by the United States Department of Homeland Security and the United States Social Security Administration which allows employers to verify an employee's work-authorization status. The term includes any successor program.
“License.” As follows:
(1) A permit, certificate, approval, registration, charter or similar form of authorization that is required by law and issued by an agency for the purposes of:
(i) operating a business in this Commonwealth;
(ii) conducting operations in the construction industry; or
(iii) completing a specific construction project.
(2) The term includes articles of incorporation and domestic or foreign entity registrations under 15 Pa.C.S. (relating to corporations and unincorporated associations).
(3) The term does not include a professional or occupational license or certificate granted to an individual to engage in a profession or trade.
“Subcontractor.” A person regardless of tier, including, but not limited to, a staffing agency that supplies workers to a construction industry employer under a contract. The term shall not include persons that are material suppliers for a project.
“Unauthorized employee.” An individual who does not have the legal right or authorization under Federal law to work in the United States.
2019, Oct. 7, P.L. 454, No. 75, § 2, effective in one year [Oct. 7, 2020].
43 P.S. § 168.2, PA ST 43 P.S. § 168.2
Current through 2023 Regular Session Act 7. Some statute sections may be more current, see credits for details.
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