Stop-work orders

Act 72 of 2010, § 7, under CONSTRUCTION WORKPLACE MISCLASSIFICATION ACT - ENACTMENT.

Act 72 of 2010, § 7

Section 7. Stop-work orders.

(a) Issuance of order.--

(1) If the secretary determines, subsequent to the

issuance of an order to show cause under section 4(c), that

an employer, or officer or agent of the employer, has

intentionally failed to properly classify an individual as an

employee under section 4(a), the secretary may petition a

court of competent jurisdiction to issue a stop-work order

requiring the cessation of work by individuals who are

improperly classified within 24 hours of the effective date

of the order, or in the event that a majority of individuals

working at a site are improperly classified, requiring the

cessation of all business operations of that employer at each

site at which a violation occurred within 24 hours of the

effective date of the order.

(2) The order shall take effect when served upon the

employer, or for a particular employer worksite, when served

at the worksite. The order shall remain in effect until the

court issues an order releasing the stop-work order or upon

finding that the employer, or officer or agent of the

employer, is no longer in violation of this act.

(3) An order releasing a stop-work order may include a

requirement that the employer file with the department

periodic reports for a probationary period that shall not

exceed two years demonstrating the employer's continued

compliance with this act.

(b) Applicability of orders and penalties.--Stop-work orders under subsection (a) and penalties under subsection (c) shall be in effect against any successor corporation or business entity that has one or more of the same principals or officers as the employer against whom the stop-work order was issued or penalties imposed and which is engaged in the same or equivalent trade or activity.

(c) Penalty.--The court shall assess a penalty of $1,000 per day against an employer for each day that the employer conducts business operations that are in violation of a stop-work order issued under this section.