Latest Updates on Worker Misclassification Legislation
Worker Misclassification
Legislation Update
June 24, 2021 | WebEx
•
David Weil nominated to serve as the Administrator of the US
Department of Labor’s (DOL) Wage and Hour Division
•
Independent Contractor Status Under the Fair Labor Standards Act
rule withdrawn by US DOL
•
President Biden’s FY 2022 Budget addresses worker misclassification
Federal Action and Legislation
•
Connecticut
•
HB 6343
:
To require the Labor Commissioner to conduct a study of gig workers
and make recommendations for legislation concerning the classification of
such employees.
•
SB 1000
:
To allow for and protect the ability of transportation network
company drivers and transportation network companies to negotiate terms
that best meet the needs of the parties.
•
Louisiana
•
SB244
:
Provides for uniform definitions of independent contractor and
employee and for penalties for the misclassification of employees.
•
HB705
: Provides for the misclassification of employees and a criteria for
classifying employees.
State Legislation
•
New Jersey
•
S3920
,
A5890
: Concerns enforcement of employee misclassification and stop-
work order laws.
•
S3921
,
A5891
: Creates "Office of Strategic Enforcement and Compliance" in
DOLWD; appropriates $1 million from General Fund.
•
S3922
,
A5892
: Streamlines identification of employee misclassification.
•
New York
•
S2766C
,
A3350A
:
Relates to actions for non-payment of wages
•
A2685
: Relates to dependent workers
State Legislation
•
Virginia
•
HB 1407
: Misclassification of employees as independent contractors;
Department of Taxation to investigate and enforce; civil penalties.
•
HB 984
,
SB 894
: Misclassification of workers; cause of action.
•
HB 1199
,
SB 662
: Employee misclassification; retaliatory actions prohibited, civil
penalty.
State Legislation
•
California
•
Santa Clara county pilots program to combat wage theft
•
Los Angeles City Councilman motions to create contractor screening process
•
Massachusetts
•
Springfield City Council passes legislation to curb construction industry wage
theft
•
Holyoke City Council proposes ordinance combatting wage theft by
contractors
Local Ordinances
Federal and state actions highlight the focus on addressing worker misclassification issues. Key developments include the nomination of David Weil, withdrawal of Independent Contractor Status rule, and the passage of bills such as the PRO Act. Various states like Connecticut, New Jersey, and Virginia are introducing legislation to address misclassification and protect workers' rights. Additionally, local ordinances, such as those in California and Massachusetts, target wage theft in specific industries. These updates reflect a growing effort to tackle the challenges of misclassification and ensure fair treatment of workers.
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Presentation Transcript
Worker Misclassification Legislation Update June 24, 2021 | WebEx
Federal Action and Legislation David Weil nominated to serve as the Administrator of the US Department of Labor s (DOL) Wage and Hour Division Independent Contractor Status Under the Fair Labor Standards Act rule withdrawn by US DOL President Biden s FY 2022 Budget addresses worker misclassification S.420, H.R. 842: Protecting the Right to Organize (PRO) Act of 2021 passed in House, introduced in Senate
State Legislation Connecticut HB 6343: To require the Labor Commissioner to conduct a study of gig workers and make recommendations for legislation concerning the classification of such employees. SB 1000: To allow for and protect the ability of transportation network company drivers and transportation network companies to negotiate terms that best meet the needs of the parties. Louisiana SB244: Provides for uniform definitions of independent contractor and employee and for penalties for the misclassification of employees. HB705: Provides for the misclassification of employees and a criteria for classifying employees.
State Legislation New Jersey S3920, A5890 : Concerns enforcement of employee misclassification and stop- work order laws. S3921, A5891: Creates "Office of Strategic Enforcement and Compliance" in DOLWD; appropriates $1 million from General Fund. S3922, A5892: Streamlines identification of employee misclassification. New York S2766C, A3350A: Relates to actions for non-payment of wages A2685: Relates to dependent workers
State Legislation Virginia HB 1407: Misclassification of employees as independent contractors; Department of Taxation to investigate and enforce; civil penalties. HB 984, SB 894: Misclassification of workers; cause of action. HB 1199, SB 662: Employee misclassification; retaliatory actions prohibited, civil penalty.
Local Ordinances California Santa Clara county pilots program to combat wage theft Los Angeles City Councilman motions to create contractor screening process Massachusetts Springfield City Council passes legislation to curb construction industry wage theft Holyoke City Council proposes ordinance combatting wage theft by contractors
