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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

7 Pa. Code § 82.1b. Rebutting the presumption of employment of a seasonal farm worker on a temporary basis.

§ 82.1b. Rebutting the presumption of employment of a seasonal farm worker on a temporary basis.

 Under the definition of ‘‘other temporary basis’’ in §  82.1 (relating to definitions), an individual is presumed to be employed on a temporary basis because the individual has been employed for less than 1 year. The employer may rebut the presumption by showing the following:

   (1)  The terms of the employment limit the ability of the employer to terminate the employe either for cause, based on work rules reasonably related to employment, or because the job has been eliminated and no new person will be hired to perform that job.

   (2)  The employer’s demand for labor of the type performed by the individual was constant.


   The provisions of this §  82.1b issued under section 9 of the act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. §  25-9); the Reorganization Act of 1955 (71 P. S. §  751-12); and sections 1907-A, 1919-A and 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-7, 510-19 and 510-20).


   The provisions of this §  82.1b adopted January 28, 1994, effective January 29, 1994, 24 Pa.B. 709.

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