SB 178 Bars employers from misclassifying employees as independent contractors
Sponsor: Green
LR Number: 0600S.01I Fiscal Note: 0600-01
Committee: Small Business, Insurance & Industrial Relations
Last Action: 3/13/2007 - SCS Voted Do Pass S Small Business, Insurance & Industrial Relations Committee (0600S.04C) Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2007

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Current Bill Summary

SCS/SB 178 - The act bars employers with five or more employees from knowingly misclassifying employees. Employers must submit federal IRS 1099-MISC forms to the Department of Revenue and penalties for failing to do so are provided. The Attorney General has the power to investigate alleged misclassifications and enforce the section.

The state carries the burden of proving that the employer misclassified the worker and there is a rebuttable presumption that an unauthorized alien is an employee under the act and shall be treated so if the employer cannot produce an I-9 form verifying the legal status of the worker or other forms verifying the individual is an independent contractor. Injunctions may be sought and fines are provided for violations.

This act is similar to SB 928 (2006), and SB 424 (2007).