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NC S576
Bill
AI Summary
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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.
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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.
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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.
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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.
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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