Misclassified Workers

Information for Employers

In Pennsylvania, worker misclassification is covered under the Unemployment Compensation Law and Act 72, the Construction Worker Misclassification Act.

Under the Pennsylvania UC Law, a worker performing services for remuneration is presumed to be an employee, unless the employer shows that 1) “The individual has been and will continue to be free from control or direction over the performance of the services involved, both under his or her contract of service in fact, and 2) as to these services, the individual is customarily engaged in an independently established trade, occupation, profession, or business.”

The Construction Workplace Misclassification Act (Act 72), in addition to meeting the two criteria above, requires that the worker have a written contract to perform such services in order to be an independent contractor.

If you have questions concerning misclassified workers, please take a few moments to submit the Worker Misclassification Inquiry Form or call 1-866-403-6163 (option 1), weekdays from 8 a.m. to 4:30 p.m.

Additional information is available to help you Identify the Differences Between and Employee and a Contractor and classify your employees and contractors correctly.