PRINTER'S NO. 220 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.276 Session of 2025 INTRODUCED BY DELLOSO, WEBSTER, GIRAL, KINKEAD, McNEILL, SCHLOSSBERG, SANCHEZ, PROBST, A. BROWN, PIELLI, VENKAT, KHAN, BURGOS, HILL-EVANS, McANDREW, HOWARD, DONAHUE, HADDOCK, NEILSON, MERSKI, CIRESI, FREEMAN, D. MILLER, FIEDLER, DEASY, O'MARA AND CERRATO, JANUARY 22, 2025 REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS AND OPERATIONS, JANUARY 22, 2025 AN ACT Providing for interagency cooperation regarding employee misclassification; and establishing the Employee Misclassification Working Group. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Short title. This act shall be known and may be cited as the Employee Misclassification Working Group Act. Section 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: "Department." The Department of Labor and Industry of the Commonwealth. "Secretary." The Secretary of Labor and Industry of the Commonwealth. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 "Working group." The Employee Misclassification Working Group established under section 4(a). Section 3. Interagency cooperation. (a) Exchange of State tax information.--Consistent with current law, the Department of Revenue may provide State tax information, upon request, to the following: (1) The department's Office of Unemployment Compensation Tax Services. (2) For the purposes of assessing or investigating employee misclassification, the department's: (i) Bureau of Workers' Compensation. (ii) Bureau of Labor Law Compliance. (iii) Office of Unemployment Compensation Services Centers. (iv) Office of Unemployment Compensation Benefits Policy. (b) Sharing information.--Nothing in this act shall limit or affect the Department of Revenue and the department from sharing information as otherwise allowed by law. (c) Federal employer identification numbers.--To ensure the efficiency of the exchange of State tax information under this section, the State agency business applications shall include and use Federal employer identification numbers to identify business entities and streamline compliance crossmatches. Section 4. Employee Misclassification Working Group. (a) Establishment.--The Employee Misclassification Working Group is established to coordinate enforcement strategies involving State agencies and employee misclassification. (b) Composition.-- (1) At a minimum, the working group shall include 20250HB0276PN0220 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 representatives from the department, the Department of Revenue and the Office of Attorney General. (2) Representatives from county district attorneys' offices and local labor law enforcement offices may participate in the activities of the working group. (c) Chairperson.-- (1) A representative designated by the secretary shall serve as the chairperson of the working group. (2) The chairperson of the working group may invite other individuals to participate in the activities of the working group. (d) Meetings.--The working group shall meet at least quarterly at the time and location and in the manner provided by the chairperson of the working group. The working group may meet more often if deemed necessary by the chairperson of the working group. Section 5. Effective date. This act shall take effect in 60 days. 20250HB0276PN0220 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18