Worker classification; penalties.

Worker classification; penalties. Prohibits acontractor from classifying an individual who performs delivery services orconstruction labor services for the contractor as the contractor's independentcontractor if he is an employee of the contractor. An individual performingsuch services for a contractor shall be presumed to be an employee of thecontractor unless it is shown to the satisfaction of the Commissioner of Laborand Industry that (i) the individual has been and will continue to be free fromcontrol or direction over the performance of the services performed by theindividual for wages, both under his contract of service and in fact; (ii) theservices are either outside the usual course of the business for which suchservices are performed or such services are performed outside of all the placesof business of the enterprise for which such services are performed; and (iii)such individual is customarily engaged in an independently established trade, occupation,profession, or business. Other factors applicable to such a determination inthe case of an individual performing construction labor services are whetherthe individual maintained a workplace that is subject to inspection pursuant tooccupational safety and health laws and whether the individual has beenassigned an experience rating tax rate for purposes of unemploymentcompensation. Violators are subject to civil penalties and debarment frompublic contracts. The measure requires a contractor entering into a publiccontract to provide an affidavit, under penalty of perjury, attesting that (a)each individual performing delivery services or construction labor services isproperly classified; (b) the contractor has completed a federal I-9 immigrationform and has such form on file for each employee; (c) the contractor hascomplied with requirements for participation with the E-verify program for eachemployee; (d) the contractor has no reasonable basis to believe that anyindividual performing services for such contractor is an undocumented worker;and (e) the contractor is not barred from contracting with the public body.