Requires every person, corporation or other business entity contracting with the state to submit a list of independent contractors hired by such business entity

BILL NUMBER:A403

Title of bill

An act to amend the labor law, in relation to lists of independent contractors

Purpose or general idea of bill

To require that any person or business entity contracting with the state corporation to submit a list of independent contractors hired by such business entity.

Summary of specific provisions

Section one of the bill amends section 220 of the labor law to provide that within thirty days after completion of a public works project, the contractor or subcontractor completing the work shall submit a list of all independent contractors used on the project, and a fee of $10 per independent contractor. All funds collected shall be deposited in the public works enforcement fund to the investigation of misclassification of independent contractors.

Justification

Presently there is no way to monitor the abuse of the employee/independent contractor definition. This bill would greatly enable the department of labor to investigate misclassification abuse. Misclassification of employees as independent contractors is a problem of great concern to the building and construction trades. The Labor Committee has been informed of many instances of abuse which occur but which are difficult for the Department of Labor to track and investigate in a timely manner. An employee misclassified as an independent contractor will often be unfairly denied workers' compensation and unem- ployment insurance benefits which they would otherwise be entitled to receive.

Prior legislative history

A.6627 of 2005-06: Veto 84 A.7210 of 2003-04: Ways and Means A.5278 of 2001-02: Labor A.5157 of 1999-00: Labor A.9814 of 1997-98: Labor A4860 of 2007-08: referred to Labor

Fiscal implications

None.

Effective date

This act shall take immediately.