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§ 933.5. Criminal penalties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 43 P.S. LaborEffective: February 10, 2011

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 43 P.S. Labor (Refs & Annos)
Chapter 15B. Construction Workplace Misclassification Act (Refs & Annos)
Effective: February 10, 2011
43 P.S. § 933.5
§ 933.5. Criminal penalties
Currentness
(a) Grading.--An employer, or officer or agent of an employer, that intentionally violates section 4(a)1 commits:
(1) A misdemeanor of the third degree for a first offense.
(2) A misdemeanor of the second degree for a second or subsequent offense.
(b) Summary offense.--An employer, or officer or agent of an employer, that negligently fails to properly classify an individual as an employee under section 4(a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than $1,000. Evidence of a prior conviction under this subsection shall be admissible as evidence of intent under subsection (a).
(c) Concurrent jurisdiction.--
(1) The Attorney General shall have concurrent prosecutorial jurisdiction with the district attorney of the appropriate county for violations under this section and any offense arising out of the activity prohibited by this section.
(2) No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to prosecute the case, and if a challenge is made, the challenge shall be dismissed, and no relief shall be available in the courts of this Commonwealth to the person making the challenge.

Credits

2010, Oct. 13, P.L. 506, No. 72, § 5, effective in 120 days [Feb. 10, 2011].

Footnotes

1
43 P.S. § 933.4.
43 P.S. § 933.5, PA ST 43 P.S. § 933.5
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document