If you hire individual construction contractors to work for you, you have only a few weeks to make sure they are in compliance with a new state law.
Beginning on Jan. 1, individual independent contractors working in the construction industry must obtain an Independent Contractor Exemption Certificate (ICEC) from the Minnesota Department of Labor and Industry.
Construction workers lacking ICECs will be considered employees of the contractor for whom they work. Those that employ workers without ICECs will face civil penalties if they don’t withhold or provide workers’ comp and unemployment insurance for those workers.
It’s important to note that an ICEC is not carte blanche for the contractor. Workers holding ICECs could still be employees. There’s a nine-factor test to determine whether a worker is an independent contractor.
For more information, visit www.doli.state.mn.us/pdf/icec_factsheet.pdf.
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