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NC S576

Bill

Status

Introduced

3/26/2015

Primary Sponsor

Wyatt Tucker

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Establishes the Fair Competition and Employee Classification Act, creating a legal standard for independent contractor classification requiring three conditions: freedom from employer control, work outside the employer's usual business, and customary engagement in an independent trade.

  • Requires employers to post notices in English and Spanish at job sites and offices informing workers of their right to proper classification and ability to challenge misclassification in civil court.

  • Prohibits employer misclassification of employees as independent contractors, including forming shell entities to evade detection, requiring workers to sign misclassifying agreements, and knowingly assisting others in violating the law.

  • Imposes civil penalties between $500 and $4,000 per violation, authorizes stop work orders by enforcement agencies for notice violations, and debars repeat violators from state and local government contracts for four years.

  • Prohibits retaliation against workers exercising rights under the act, with a 90-day rebuttable presumption of retaliatory intent if adverse action follows, and requires inter-agency cooperation and information sharing among labor, revenue, and industrial commission agencies.

Legislative Description

Fair Competition & Emp. Classification Act

Last Action

Ref To Com On Rules and Operations of the Senate

3/30/2015

Committee Referrals

Rules and Operations of the Senate3/30/2015

Full Bill Text

No bill text available