State News > NY > Construction Industry Fair Play Act Goes to Governor

Construction Industry Fair Play Act Goes to Governor

Bill: S 5847

Construction Industry Fair Play Act. Seeks to combat “dangerous levels of employee misclassification fraud.” Applies to construction industry for purposes of Department of Labor. Construction is defined to include “moving” any building, structure, or improvement, but does not specifically include moving construction related materials. Applies ABC Test to determine independent contractor status. Additionally authorizes “Advisory Committee on Employment Classification”. As amended, new independent contractor test could arguably apply to all workers within state.

Status as of June 30, 2010: To Governor (June 28, 2010)

Source: American Trucking Association