Construction Industry Independent Contractor Act Passes Senate

Bill: H 400 Construction Industry Independent Contractor Act. Applies to “construction, reconstruction, demolition, alteration, modification, erection, custom fabrication, repair work or maintenance work done on any real property or premises under contract, whether or not the work is for a public body and paid for from public funds.” Defines independent contractor…

Governor Enacts Misclassification Act

Bill H 647 Misclassification Act applicable to workers’ compensation, unemployment tax, public works projects, and the insurance code. Workers’ Compensation: Provides for penalties, stop work orders (with no stay pending appeal), and debarment from state projects both directly and indirectly; Insurance: Permits the Insurance Commissioner to penalize any person where the…

H 5049 Fails

Bill H 5049 Current law provides a cause of action for an entity that suffers damage as a result of a competitive bid for a contract due to another entity’s knowing misclassification. The bill changes the relevant test to determine independent contractor status from the IRS test to the ABC Test.…

House Bill 1368 Enacted

Bill H 1368 Removes intent requirement from the provision making it a violation for an employer to misrepresent the nature of an employment relationship in a written independent contractor agreement. Status as of June 30, 2010: Enacted (June 14, 2010) Source: American Trucking Association
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