Enacts new Article 4 in GS Chapter 95 clarifying the distinction between employees and independent contractors. Creates presumption of employee status that must be rebutted by party asserting that a hired individual is an independent contractor by a preponderance of the evidence. Specifies considerations to be used in the determination of an independent contractor. Prohibits an employer from improperly classifying an individual who performs work for remuneration as an independent contractor. Prohibits retaliation against individuals who allege that their employment status was wrongly classified by their employers, as described. Creates civil cause of action for violation of employment status classification requirements. Requires employers engaging the services of independent contractors to post notices of the right to be properly classified as an employee and the right to challenge the employer's employment status classification in court. Details additional provisions related to the employee/independent contractor determination. Applies to employment existing on or after the date the act becomes law.
Status: Ref To Com On Commerce and Job Development (House Action) (Apr 7 2011)
Bill H 790 (2011-2012)Summary date: Apr 7 2011 - More information