2010 House Bill 5962

Make mis-classifying workers comp employees a felony

Introduced in the House

March 17, 2010

Introduced by Rep. Andrew Kandrevas (D-13)

To make it a felony punishable by 18 months in prison and a $15,000 fine for an employer to classify an employee as an “independent contractor” under the state workers compensation law, which would mean the person is not covered by the employer’s own worker’s comp coverage. The penalty would be up to seven years for second and subsequent offences; an unintentional offense would have a six month imprisonment penalty. The bill would also allow unions to sue a contractor for alleged violations, give the director of the workers compensation bureau the power to stop work on a job where he determines a violation has occurred, place employers on “probation,” and more.

Referred to the Committee on Labor