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NC H674

Bill

Status

Introduced

4/13/2015

Primary Sponsor

Richard Glazier

Click for details

Origin

House of Representatives

2015-2016 Session

AI Summary

  • Establishes the Fair Competition and Employee Classification Act to regulate how employers classify workers as employees versus independent contractors.

  • Requires employers to notify workers of their employment status at hire and post notices in English and Spanish at job sites explaining workers' rights to proper classification.

  • Prohibits employers from misclassifying employees as independent contractors, forming entities to evade the law, requiring workers to sign misclassification agreements, or conspiring to violate these provisions.

  • Imposes civil penalties of $500 to $4,000 per violation on employers who misclassify workers, with enforcement by the Department of Labor and authority to issue stop work orders and debar violators from state contracts for four years after a second violation.

  • Protects workers from retaliation for complaining about misclassification and shifts the burden to employers to prove by preponderance of evidence that a worker is legitimately an independent contractor rather than an employee.

Legislative Description

Fair Competition & Emp. Classification Act

Last Action

Ref to the Com on Judiciary I, if favorable, Rules, Calendar, and Operations of the House

4/14/2015

Committee Referrals

Judiciary I4/14/2015

Full Bill Text

No bill text available