Bill > H482

This bill establishes the "Employee Fair Classification Act" to combat employee misclassification, which is defined as avoiding tax liabilities and other obligations by wrongly labeling an employee as an independent contractor. It creates an Employee Classification Division within the Department of Revenue to investigate misclassification reports, coordinate with other state agencies to recover owed taxes, wages, and penalties, and assess administrative civil penalties for violations. The bill also outlines factors to consider when determining independent contractor status, prohibits willful or reckless misclassification, and sets civil penalties for repeat offenders, with provisions for appeals. Additionally, it mandates that occupational licensing boards and commissions include a certification on applications confirming applicants understand employee misclassification notices, and requires similar certifications for county and city regulated applicants and owners obtaining building permits. The bill also makes changes to unemployment insurance and workers' compensation laws related to newspaper delivery and sales, and includes a temporary amnesty program for employers to self-report past misclassifications to avoid penalties.