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§ 933.7. Stop-work orders

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. § 933.7
§ 933.7. Stop-work orders
(a) Issuance of order.--
(1) If the secretary determines, subsequent to the issuance of an order to show cause under section 4(c),1 that an employer, or officer or agent of the employer, has intentionally failed to properly classify an individual as an employee under section 4(a), the secretary may petition a court of competent jurisdiction to issue a stop-work order requiring the cessation of work by individuals who are improperly classified within 24 hours of the effective date of the order, or in the event that a majority of individuals working at a site are improperly classified, requiring the cessation of all business operations of that employer at each site at which a violation occurred within 24 hours of the effective date of the order.
(2) The order shall take effect when served upon the employer, or, for a particular employer worksite, when served at the worksite. The order shall remain in effect until the court issues an order releasing the stop-work order or upon finding that the employer, or officer or agent of the employer, is no longer in violation of this act.
(3) An order releasing a stop-work order may include a requirement that the employer file with the department periodic reports for a probationary period that shall not exceed two years demonstrating the employer's continued compliance with this act.
(b) Applicability of orders and penalties.--Stop-work orders under subsection (a) and penalties under subsection (c) shall be in effect against any successor corporation or business entity that has one or more of the same principals or officers as the employer against whom the stop-work order was issued or penalties imposed and which is engaged in the same or equivalent trade or activity.
(c) Penalty.--The court shall assess a penalty of $1,000 per day against an employer for each day that the employer conducts business operations that are in violation of a stop-work order issued under this section.

Credits

2010, Oct. 13, P.L. 506, No. 72, § 7, effective in 120 days [Feb. 10, 2011].

Footnotes

43 P.S. § 933.4.
43 P.S. § 933.7, PA ST 43 P.S. § 933.7
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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