Labor Law 862-C — Legislation
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SECTION 862-B
Presumption of employment in the commercial goods transportation industry
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ARTICLE 25-C
The New York State Commercial Goods Transportation Industry Fair Play Act
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SECTION 862-D
Violations and penalties
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SECTION 862-C
Notice to persons receiving remuneration from commercial goods transportation contractors and commercial goods transportation subcontractors
Labor (LAB) CHAPTER 31, ARTICLE 25-C
§ 862-c. Notice to persons receiving remuneration from commercial
goods transportation contractors and commercial goods transportation
subcontractors. 1. Every commercial goods transportation contractor
shall post in a prominent and accessible place on the site where
commercial goods transportation activity is conducted a legible
statement, provided by the commissioner, that describes the
responsibility of independent contractors to pay taxes required by state
and federal law, the rights of employees to workers' compensation,
unemployment benefits, minimum wage, overtime and other federal and
state workplace protections, and the protections against retaliation and
the penalties in this article if the contractor fails to properly
classify an individual as an employee. This notice shall also contain
contact information for individuals to file complaints or inquire with
the commissioner about employment classification status. This
information shall be provided in English, Spanish or other languages
required by the commissioner.
2. Within thirty days of the effective date of this article, the
commissioner shall create the notice described in subdivision one of
this section and post the notice on the department's website for
downloading by commercial goods transportation contractors.
3. Commercial goods transportation contractors who violate this
section shall be subject to a civil penalty of up to one thousand five
hundred dollars for a first violation, and up to five thousand dollars
for a subsequent violation within a five year period.