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 for purposes of minimum wage, wage payment and collection, unemployment compensation, and workers’ compensation, using ABC Test with alternative test for prong C. Provides for investigation and prosecution by Attorney General for willful violation, “conspiracy” charges, penalties for knowing and per se violations, stop work orders, debarment, administrative penalties, and private and representative actions by misclassified individuals. States the Act “shall not be construed to bring an individual within the scope of the Minimum Wage Act, the Wage Payment and Collection Law, the Unemployment Compensation Law or the Workers’ Compensation Act if the individual is excluded from the scope of the appropriate act.”
Status as of September 30, 2010: Passed Senate (September 29, 2010)
Source: American Trucking Association
