Re: [messengers] Misclassification of Independent Contracto rs – Happy 2012!

Date: 17 Jan 2012 01:17:22 +0100
From: Kenton Hoppas <kentonhoppas@xxxxxxxxx>

This sort of thing started back in 2008 from a different angle. Back then the Department of Industrial Relations California fined me $3000 for having an independent contractor. I was t the only company. Many SD based courier company's were audited for 1099 employee's. 

A new day has dawned for both sides of the table. Good luck to all that are still living the dream. And you can't live the dream anymore I hope we can all still ride our bikes to our square jobs. 

Kenton Hoppas

On Jan 16, 2012, at 3:48 PM, "Joel Metz" <magpie@xxxxxxxxxxxxxxx> wrote:

> 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.
> -joel
>> 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.
>> Â 
>> Â 
>> 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.
>> Â 
>> Â 
>> 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.
>> Â 
>> 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.
>> Â 
>> -----------------------------------------------------------------------------
>> Mess media -
>> Â 
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> -- 
> joel metz : magpie@xxxxxxxxxxxxxxx :
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