Heavily Amended HB 400

Only Senators Mike Folmer (R-Lebanon) and Mike Brubaker (R-Lancaster) voted against the bill. The Bill now covers all industries, not just construction. The bill now moves to the Senate Appropriations Committee and if approved by that committee, will move to the full Senate.

In an 8-2 vote, the Senate Labor Relations Committee approved a heavily amended HB 400 on September 21. Before the final committee vote, the bill was amended, removing some of the most objectionable portions of the bill, including the right of unions to sue employers. Nonetheless, heavy fines and the ability of the state Labor and Industry secretary to issue stop work orders to landscape contractors using subcontractors still remain in the bill.

Only Senators Mike Folmer (R-Lebanon) and Mike Brubaker (R-Lancaster) voted against the bill.

Click here to see the bill as it was approved by the committee.

Click here to see who voted for the bill and who voted against the bill.

Click here to go to the PLNA Legislative Action Center.

Last spring, Rendell Administration had expressed their desire to see HB 400 cover all industries. Now included in the bill for the first time is a provision that gives the Department of Labor and Industry a hunting license to go after any industry, not just construction contractors. The bill now reads: “The department (of Labor and Industry) is not precluded from finding (subcontractor) misclassification in any industry on the basis of the laws of this Commonwealth.”

“Although improved in some respects, the bill still contains provisions that would allow unions and the state government to harass employers in any industry industry that hires subcontractors,” said PLNA’s director of government relations Chad Forcey. “In this economy, the worst since the Great Depression, we hope that the full Senate will see the terrible impact this legislation will have on small contractors struggling to stay afloat.”

The bill now moves to the Senate Appropriations Committee and if approved by that committee, will move to the full Senate.

“We would like to thank Senator Folmer (R-Lebanon) for his leadership and stalwart support of small businesses in Pennsylvania,” continued Forcey. “He and Senator Brubaker deserve credit for standing up against the unrelenting union pressure over the past year and voting for the small contractors of Pennsylvania. Sadly, they were the only two senators of the ten voting on the committee to demonstrate such courage.”

Please call or email your state senator today on HB 400! Click here to go to the PLNA Legislative Action Center.

Source: Gregg Robertson, President PLNA