NAFC NEWS:
U.S. Senator Patty Murray on the Abuse of Independent Contractor Status. Read More
New Memorandum of Understanding between IRS and the US Department of Labor attacking the misclassification of employees as Independent Contractors. September 19, 2011 Read More
Current Legislation
1. Fair Playing Field Act of 2010 PDF Induced 9/7/10
2.Nebraska Contractor Employee Classification Act PDF Brand new Nebraska signed into law on April 13, 2010
3. Delaware Workplace Fraud Act PDF Signed 7/31/09
3.Colorado Misclassification of Employees as Independent Contractors signed by Governor Bill Ritter on 6/02/09
4. Maryland Workplace Fraud Act of 2009
5. Illinois Employee Classification Act of 2007
6. NJ Construction Industry Independent Contract Act
7. PA House Bill
8. Utah Worker Classification Coordinated Enforcement Law signed by Governor on 3/11/11
Executive Order
1. NY Governor Executive Order
Pending Legislation
1. Kentucky Independent Contractor Law - AN ACT relating to misclassification of employees.
WORKER MISCLASSIFICATION STUDIES
1.) NELP Summary of Independent Contractor Reforms: New State and Federal Activity by Catherine Ruckelshaus & Sarah Leberstein November 2011
2.) Independent Contractor Misclassification Imposes Huge Costs on Workers and Federal and State Treasuries by Sarah Leberstein October 2011 (update)
3.) Misclassification Overview by the National Employment Law Project (NELP) by Sarah Leberstein June 2010
4.) Independant Contractor Misclassification Imposes Huge Costs on Workers and Federal and State Treasuries (June 2010)
5.) Statement of Seth D. Harris Deputy Secretary U.S. Department of Labor before the committee on health, education, labor, and pensions (June 17, 2010)
6.) New State of Maine Misclassification Brochures (April 15, 2010)
How Worker Misclassification Harms You
What You Need to Know About Hiring Independant Contractors
Independant Contractor or Employee?
7.) The Cost of Worker Misclassification in New York State
8.) State of Maine Annual Report of the Joint Enforcement Task Force on Employee Misclassification
Laura Fortman, Task Force Chair and Commissioner, Maine Department of Labor, Julie Armstrong, Task Force Coordinator (February 25, 2010)
9.)The Social and Economic Costs of Employee Misclassification in Construction
Elaine Bernard, Ph.D. Robert Herrick, Sc.D., Francoise Carre, Ph.D.; Randall Wilson, (University of Massachusetts, Boston; Construction Policy Research Center Labor and Work life Program, Harvard Law School and Harvard School of Public Health) (2004).
10.) The Social and Economic Costs of Employee Misclassification in the Maine Construction Industry,
Maine Report (April 2005)
Massachusetts Report (December 2004)
These two studies have taken a first and significant step in documenting employee misclassification in the Massachusetts and Maine construction industries. Misclassification occurs when employers treat workers who would otherwise be waged or salaried employees as independent contractors (self employed). Forces promoting employee misclassification include the desire to avoid the costs of payroll taxes and of mandated benefits. Employee misclassification creates severe challenges for workers, employers, and insurers as well as for policy enforcement. This report documents the dimensions of misclassification and its implications for Unemployment Insurance and Income tax collection and for worker compensation insurance.
11.) The Economic Costs of Employee Misclassification in the State of Illinois
Michael P. Kelsay, Ph.D., James I. Sturgeon, Ph.D., Kelly D. Pinkham, M.S., (Department of Economics University of Missouri-Kansas City)(December 2006)
The Program Evaluation Division was directed to conduct this study by the Legislative Audit Commission in April 2007.Deborah Parker Junod (project manager), and Carrie Meyerhoff
13.) NELP Justice for Low-Wage & Immigrant Worker Project Summary of Pending Legislation
The following is a select summary of recent state legislative activity aimed at misclassification of employees as independent contractors
14.) Building Up New York, Tearing Down Job Quality
Taxpayer Impact of Worsening Employment Practices in New York City’s Construction Industry
15.) Misclassification of wages: A problem that hurts everyone
16.) Report of the Ohio Attorney General on the Economic Impact of Misclassified Workers for State and Local Governments in Ohio
Richard Cordray, Ohio Attorney General
17.) The Social and Economic Costs of Employee Misclassification in the Michigan Construction Industry
Dale L. Belman and Richard Block. School of Labor and Industrial Relations. Michigan State University