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NC H790
Bill
Status
4/6/2011
Primary Sponsor
Alice Bordsen
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AI Summary
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Establishes the Employee Fair Classification Act creating a legal presumption that individuals performing work for remuneration are employees unless the employer proves by preponderance of evidence they are independent contractors.
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Defines an independent contractor as someone who is free from employer control, performs services outside the employer's usual business or locations, and is customarily engaged in an independently established trade or profession.
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Prohibits employers from improperly classifying employees as independent contractors, forming entities to evade the law, requiring misclassification agreements, or knowingly conspiring to violate these provisions.
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Prohibits employer retaliation against individuals who complain about misclassification, report violations to agencies, or participate in investigations or legal proceedings related to the act.
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Allows individuals, interested parties, and labor organizations to bring civil actions within three years of violations, with remedies including unpaid wages, liquidated damages (doubled for knowing violations), compensatory damages, injunctive relief, and attorneys' fees.
Legislative Description
Enact Employee Fair Classification Act
Last Action
Ref To Com On Commerce and Job Development
4/7/2011