Current through Register Vol. 51, No. 19, September 20, 2024
A. If an employer
contracts with an individual and classifies that individual as an independent
contractor or an exempt person, the employer shall complete the information
required by §A(9) of this regulation and provide the individual with a
"Notice to Independent Contractors and Exempt Persons" that contains the
following information:
(1) Notification to
the individual that they have been hired as an independent contractor or exempt
person;
(2) A statement by the
employer that the independent contractor will perform the work according to
their own means and methods, free from control of the employer in all details
connected with the performance of the work, except as to its product and
result;
(3) Notification that the
individual's classification as an independent contractor or exempt person means
the individual will be responsible for all tax obligations, including, but not
limited to, the filing of business or self-employment income tax returns with
the U.S. Internal Revenue Service;
(4) Notification that the individual's
classification as an independent contractor or exempt person means that they
are not eligible for protection under protective laws, including, but not
limited to, employment discrimination and anti-retaliation laws, occupational
safety and health laws, living wage and prevailing wage laws, and wage and hour
laws;
(5) Notification that, if the
independent contractor or exempt person hires employees to perform work, the
independent contractor or exempt person is responsible as an employer for all
tax, unemployment insurance, workers' compensation insurance, and labor and
employment law obligations on behalf of those employees;
(6) Notification that the independent
contractor or exempt person is obligated to provide a "Notice to Independent
Contractors and Exempt Persons" for independent contractors or exempt person
with whom they contract;
(7)
Notification that the individual is required to provide copies of any licenses
or registrations issued to the individual related to the work to be performed
to the employer;
(8) The name,
address, telephone number and email address of the Commissioner of Labor and
Industry if the individual has any questions; and
(9) A detailed statement of the work to be
performed by the independent contractor or exempt person or the appropriate
provisions of the contract between the parties, which shall be attached to the
notice.
B. An employer
shall use the Commissioner's "Notice to Independent Contractors and Exempt
Persons", which is available for download on the Department of Labor,
Licensing, and Regulation's website.
C. An employer shall post the Commissioner's
"Notice to Independent Contractors and Exempt Persons" in English and Spanish
in a conspicuous location at places where notices to employees are normally
posted at each job site and at the office of the employer.
D. An employer shall retain proof that the
independent contractor or exempt person was provided a copy of the "Notice to
Independent Contractors and Exempt Persons" with an acknowledgement signed by
the individual.
