Harrisburg, PA - Pennsylvania Department of Labor & Industry (L&I) Secretary Jennifer Berrier today released an update on the Worker Protection and Labor Law Non-Compliance List, a publicly available and regularly updated record of employers in violation of Pennsylvania labor and workplace safety laws, including Unemployment Compensation tax obligations.
Created in October 2021 by the signing of Gov. Wolf's Worker Protection and Investment Executive Order, the list was first published six months ago. Since then, the department has resolved about 1,300 liens and collected more than $8.3 million from more than 900 employers that had owed Unemployment Compensation (UC) back taxes.
"In just six months, we have seen a significant number of employers come forward to resolve their unpaid UC taxes and failure to carry workers' compensation insurance. Through the power of transparency, this project compels employers to meet their obligations to their workers and compete on a level playing field with other employers that were already following the rules," Berrier said. "L&I stands ready to assist employers who have fallen behind on their obligations before their name appears on the non-compliance list. Likewise, we want to see more employers take the steps necessary to resolve their obligations so we can remove them from this public list."
Among employers that had failed to carry requisite workers' compensation insurance, six have resolved liens and 11 have established repayment agreements – for a total of nearly $600,000 collected or scheduled to be paid under repayment agreements.
The list identifies Pennsylvania employers that have done one or more of the following: violated one or more of the labor laws enforced by L&I, misclassified their workers, owe UC back taxes or have failed to carry requisite workers' compensation insurance. Employers are listed if the department's administrative adjudication process or Pennsylvania legal system concludes a violation occurred, and if the employer fails to meet its obligations under the law despite the department's efforts to obtain compliance. Employers will not be awarded state-funded grants or contracts if they are on the non-compliance list.
L&I updates the list each Tuesday. Information is available in Excel spreadsheet or PDF format. The list includes the name of the violating employer, its address, county, and the specific law that has been violated. For UC tax violations, the list includes the county where a lien was filed. Additional information on liens may be available from the applicable Court of Common Pleas in the county where the lien was filed; for workers' compensation liens, such information may also be available in the county in which the employer is operational.
REMOVAL FROM THE LIST
An employer is removed from the list when they pay their lien in full, enter bankruptcy proceedings, or have entered into an approved payment plan agreement with the department.
Employers having difficulty meeting their UC tax obligations should immediately contact the Office of UC Tax Services (UCTS) Collections Support staff at 412-565-5121 to make payments or set up a payment plan. The phone message will be returned within two business days. Employers can also make payments electronically at www.uctax.pa.gov.
The UCTS Collections Support staff can assist employers in filing outstanding quarterly tax and wage reports and advise of payment options. If an employer cannot pay the balance due in full, a payment plan and/or application for agreement to compromise of interest/penalty may be submitted for consideration.
Addressing delinquencies can save an employer money on future tax liabilities and reduce the likelihood of adverse consequences, including an increase of three percent in UC Contribution Tax Rates; interest and penalties; delay of UC benefits for employees; loss of Federal Unemployment Tax (FUTA) Credit; assessments; liens; banking/asset attachment and sheriff sales; criminal prosecution; Treasury Offset (seizure of federal tax refunds); and injunctions.
Employers are removed from the list upon:
- satisfaction of the lien or entering into a repayment agreement and proof of coverage or exemption from coverage is received; OR
- payment of the assessment or entering into a repayment agreement and proof of coverage or exemption from coverage is received; OR
- the stop work order is rescinded because proof of coverage or exemption from coverage is received and, if applicable, assessment is fully satisfied, or employer has entered into a repayment agreement; OR
- restitution payments are being made as ordered and proof of coverage or exemption from coverage is received.
Organizations can make payments and set up payment plans by contacting the Bureau of Workers' Compensation at firstname.lastname@example.org or by calling 717-772-3702.
An employer is removed from the list when they either pay off their lien, fine(s), fee(s), or owed back-wages in full, or are actively participating in a payment plan to do so. Employers should email the Bureau of Labor Law Compliance at email@example.com to make a payment or set up a payment plan.
MEDIA CONTACT: Alex Peterson, firstname.lastname@example.org
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