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NYSIF Posts Notice For Construction Industry Fair Play Act

22 Oct, 2010 WorkersCompensation.com

                               Albany, NY (CompNewsNetwork) - The New York State Department of Labor has posted new information regarding the recently passed "Construction Industry Fair Play Act." Effective October 26, 2010, the law creates a new standard for determining whether a worker is an employee or independent contractor in the construction industry. It provides new penalties for employers who fail to properly classify their employees.

The law says that you are an employee unless: 
  • You are free from direction and control in performing your job, AND
  • You perform work that is not part of the usual work done by the business that hired you, AND
  • You have an independently established business.

Your employer cannot consider you to be an independent contractor unless all three of these facts apply to your work.

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