Ogletree Deakins: New York State Passes Worker Misclassification Law for Commercial Transportation Industry | Practical Law

Ogletree Deakins: New York State Passes Worker Misclassification Law for Commercial Transportation Industry | Practical Law

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses the New York State Commercial Goods Transportation Industry Fair Play Act, effective March 11, 2014 and enacted to combat worker misclassification. The Act creates a presumption of employee status for a worker who performs commercial goods transportation services for a commercial goods transportation contractor, unless the worker qualifies as an independent contractor or a separate business entity as defined by the Act. Employers subject to the Act will be required to post a “Know Your Rights Notice.” Those who violate the Act will be subject to civil and criminal penalties, personal liability for corporate officers, directors and shareholders, and commercial goods transportation contractors found to have willfully violated the Act may also be debarred from bidding on or performing public contracts.  

Ogletree Deakins: New York State Passes Worker Misclassification Law for Commercial Transportation Industry

by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Published on 31 Jan 2014New York, United States
This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses the New York State Commercial Goods Transportation Industry Fair Play Act, effective March 11, 2014 and enacted to combat worker misclassification. The Act creates a presumption of employee status for a worker who performs commercial goods transportation services for a commercial goods transportation contractor, unless the worker qualifies as an independent contractor or a separate business entity as defined by the Act. Employers subject to the Act will be required to post a “Know Your Rights Notice.” Those who violate the Act will be subject to civil and criminal penalties, personal liability for corporate officers, directors and shareholders, and commercial goods transportation contractors found to have willfully violated the Act may also be debarred from bidding on or performing public contracts.