New York's Construction Industry Fair Play Act takes effect

For immediate release - November 1, 2010

For more information, contact Michelle Pedzich at 585-381-8340 ext. 123

The New York State Construction Industry Fair Play Act took effect on October 26, 2010.

All employees, contractors and subcontractors working in the construction industry are covered by the Construction Industry Fair Play Act.

The law says that you are an employee unless:

• You are free from direction and control in performing your job AND
• You perform work that is not part of the usual work done by the business that hired you AND
• You have an independently established business.

Your employer cannot consider you to be an independent contractor unless all three of these facts apply to your work. It is illegal for an employer to misclassify employees as independent contractors or pay employees off-the-books.

For more information, please view the Department of Labor's fact sheet regarding the Act.

Source: New York State Department of Labor 

HR Works, Inc., located at 246 Willow Brook Office Park in Fairport (Rochester), New York, is a human resource management outsourcing and consulting firm serving more than 700 clients. HR Works provides benefits administration outsourcing; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; affirmative action programs; compensation programs; training of managers and HR professionals; and HRIS and self-service technology.