AMENDING THE LABOR LAWS OF NORTH CAROLINA TO ENACT THE EMPLOYEE FAIR CLASSIFICATION ACT.
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.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.