Re: [messengers] Misclassification of Independent Cont ractors – Happy 2012!

Date: 17 Jan 2012 00:48:02 +0100
From: "Joel Metz" <magpie@xxxxxxxxxxxxxxx>

cynical me will wait to celebrate not its passage, but its actual
ENFORCEMENT. i predict plenty of legal wrangling around that term
"willfully". and of course lawyers who counsel in contradiction to the law
are excluded. handy, that.


> Last Messenger Appreciation Day (October 9, 2011) California Governor
> Jerry Brown signed Senate Bill 459 (SB 459) that imposes strict penalties
> on employers who willfully misclassify workers as independent contractors
> as well as advisors (excluding lawyers) who knowingly counsel employers to
> engage in willful misclassification.
> This new law came into effect on January 1, 2012. It adds Sections 226.8
> and 2753 to the California Labor Code.
> Section 226.8 prohibits the willful (“voluntarily and knowingly”)
> misclassification of a worker as an independent contractor. It also
> prohibits employers from charging misclassified individuals for items such
> as  materials, space rental, services, government licenses, repairs,
> equipment maintenance, or fines arising from the individual’s
> employment.
> Penalties include fines of $5,000 to $10,000 for first the violation and
> up to $25,000 for repeat violations.
> It also includes other penalties such as ordering an employer to post a
> notice on its website for a year, stating that the “employer has
> committed a serious violation of the law,” has changed its business
> practices to comply and   The notice must be posted for a year and must
> invite misclassified employees  to contact the California Labor and
> Workforce Development Agency.
> Section 2753 states:
> (a) A person who, for money or other valuable consideration, knowingly
> advises an employer to treat an individual as an independent contractor to
> avoid employee status for that individual shall be jointly and severally
> liable with the employer if the individual is found not to be an
> independent contractor.
> However attorneys are exempted from this provision.
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