NY S05847

Creates the "New York State Construction Industry Fair Play Act" establishing a legal presumption that individuals performing services for construction contractors are employees unless they meet specific criteria for independent contractor status.

Requires contractors to post notices at construction sites informing workers of their rights to workers' compensation, unemployment benefits, minimum wage, overtime, and protections against retaliation, with penalties up to $1,500 for first violations and $5,000 for subsequent violations.

Imposes civil penalties of up to $2,500 per misclassified employee for first violations and up to $5,000 per employee for subsequent violations within five years, plus criminal misdemeanor penalties of up to 30 days imprisonment or $25,000 fine for first offenses and up to 60 days or $50,000 for subsequent offenses.

Prohibits employer retaliation against workers who file complaints, participate in investigations, or assert rights under the act, with violators subject to civil penalties or private legal action.

Applies the presumption of employment standard to determinations under both labor law and workers' compensation law, takes effect 60 days after becoming law, and requires information sharing between the Department of Labor, Workers' Compensation Board, and Department of Taxation and Finance regarding violations.