Oct 25, 2010

PIANY explains worker misclassification law effective Oct. 26

Effective Oct. 26, 2010, New York states new Construction Industry Fair Play Act deems all construction workers to be employees–unless they can meet stringent new criteria for being treated as independent contractors. (Having a separate workers compensation policy does NOT make someone an independent contractor.)

PIANY has developed QuickSource document No. QS31263. "Construction Industry Fair Play Act creates presumption of employment" is now ready to help you address questions you may get from your contractor clients (including general contractors, subcontractors and artisans).

The law deems construction workers to be an "employee" unless they meet a three-part test. To qualify as an independent contractor, the worker must:

• be free from direction and control in performing the job; and
• perform work that is not part of the usual work done by the business that hired the worker; and
• have an independently established business.

Access your copy of QuickSource document No. QS31263 here.

NYS DOL information. The New York State Department of Labor created a poster that contractors must post at job sites, as well as a fact sheet on the new law. See DOL information here.