Bill S.B. 148
This bill would create a private right of action against employers for employees who are misclassified as independent contractors such that an employer who improperly classifies an employee as an independent contractor is liable in a civil action commenced by the employee for:
(a) an amount equal to three times the total amount of actual damages, including, without limitation, lost wages or benefits; and
(b) reasonable costs, including court costs and attorney’s fees.
In such a civil action, the employee may seek declaratory relief. Except as otherwise provided, before an employee may bring an action, the employee must file a complaint regarding the alleged improper classification the appropriate authorities. If the employee receives no response to the complaint within 120 days after filing the complaint or is unsatisfied with the response to the complaint, the employee may bring an action against the employer. If no state agency has jurisdiction to address the alleged improper classification, an employee may bring an action against the employer without filing a complaint as required. Notwithstanding any provision of law to the contrary, an employee would be permitted bring an action without exhausting any available administrative remedies.
