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Pennsylvania - Construction Industry Employee Verification Act

On October 7, 2019, Pennsylvania Governor Tom Wolf signed legislation (H.B. 1170) enacting the state’s Construction Industry Employee Verification Act, which prohibits construction industry employers from knowingly employing an unauthorized employee. Specifically, and among other requirements, each covered employer that hires an employee must:

  • Verify the employee’s employment eligibility through the federal E-Verify program; and
  • Keep a record of the verification for the duration of the employee’s employment or three years, whichever is longer.

Additionally, it is unlawful for a construction industry employer to discharge, threaten, or otherwise retaliate or discriminate against an employee in compensation or other terms or conditions of employment because the employee:

  • Participates in an investigation, hearing, or inquiry held by the Pennsylvania Secretary of Labor and Industry or any other governmental authority; or
  • Reports or files a complaint regarding the violation of the act to a construction industry employer or governmental authority.

The act also provides procedures, presumptions, defenses, immunity for compliance, and penalties for noncompliance.

The law took effect October 7, 2019.

Read PA H.B. 1170