Worker Misclassification Act; created. (SB34)

Introduced By

Sen. Louise Lucas (D-Portsmouth)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Worker Misclassification Act; penalties.  Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party which pays that remuneration, for purposes of Titles 40.1 (Labor and Employment), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless and until it is shown to the satisfaction of the Department of Labor and Industry that (i) the individual has been and will continue to be free from direction and control of the employer, both under his contract of service and in fact, (ii) the service is outside the usual course of the business of the employer, and (iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business, both under his contract of service and in fact. Discrimination or taking adverse action against any person in retaliation for exercising rights protected under this measure is also prohibited. Violators are subject to criminal penalties, civil penalties, debarment from public contracts, private actions, and stop-work orders. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/04/2010Prefiled and ordered printed; offered 01/13/10 10101134D
01/04/2010Referred to Committee on Commerce and Labor
01/25/2010Impact statement from DPB (SB34)
02/01/2010Continued to 2011 in Commerce and Labor (15-Y 0-N) (see vote tally)
12/02/2010Left in Commerce and Labor