Doesn’t the State Legislature Have Anything Better to Work On? | August 2024

Last month, we announced an increase in funding for the Pennsylvania Department of Labor & Industry’s investigation unit, aimed at enhancing labor law enforcement. This boost in funding means the investigation unit will be more active in examining employer practices and enforcing fines, penalties, or legal actions where necessary.

Following our warning about the expanded scope of investigations—ranging from false claims to genuine mistakes and accurate omissions—members have asked how they can proactively seek guidance from the Department to ensure compliance with prevailing wage laws.

In a recent case, our chapter tried to help a member clarify how a specific position would be classified by the Department. Despite repeated inquiries over two months, the member received no response until we escalated the issue, prompting the Department to schedule a phone call to discuss the matter.

Given Governor Shapiro’s and several legislators’ emphasis on proper employee classification, it’s perplexing why it takes so long for a compliant company to get a clear answer. Governor Shapiro has even challenged employers questioning the increase in investigations, asking, “What are you afraid we might find?”
The Department should appreciate employers who seek proactive compliance as much as it enforces penalties for misclassifications. We are already reaching out to the Secretary to express our concerns and request improved collaboration to help employers meet compliance standards.

In the meantime, we need your help. Please send us any valid questions you have about complying with prevailing wage laws. We aim to share these questions—confidentially and without identifying any individual or company—with the Department to emphasize the need for better partnership and support. With the additional taxpayer funding allocated to the Department, it’s crucial they use these resources effectively.

Email your questions to jim@abckeystone.org. Thank you for your assistance!