Driving change: New N.Y. law targets worker misclassification — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Driving change: New N.Y. law targets worker misclassification

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in Employment Law,Human Resources

by Andrew D. Bobrek, Esq., Bond, Schoeneck & King, Syracuse

New legislation that went into effect April 10 is intended to curtail misclassification of transportation industry workers as independent contractors instead of employees. The Commercial Goods Trans­­por­­ta­­tion Industry Fair Play Act significantly restricts the use of independent con­tractors and imposes other new requirements on New York transportation industry employers.

The law is another step in the state’s effort to crack down on the use of independent contractors—and to recoup tax revenue not captured when a worker is classified as a contractor, not an employee. Employers must withhold state taxes from em­­ployee pay; not so for payments to independent contractors.

Presumption of employment

The centerpiece of the new legislation is the establishment of a presumed employment relationship for certain drivers who provide “commercial goods transportation servic...(register to read more)

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