Workers in America are protected by both federal and state laws. January 1, 2021 is the effective date for several state laws directly affecting workers. At least 18 states enacted laws which impact workers, including California, Colorado, Connecticut, Georgia, Hawaii, Iowa, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nevada, New Jersey, New York, Oregon, Virginia and Washington.
Several of these new state laws address the employee/independent contractor issue. The Virginia legislature passed a law which creates a presumption that a worker is an employee unless either party proves independent contractor status under federal IRS guidelines. This presumption expressly prohibits misclassifying workers as independent contractors and places the burden on the employer to prove that a worker is not an employee. Likewise, Minnesota enacted the Freelance Worker Protection Ordinance, which requires contracts for services to be set forth in writing and provides an enforcement mechanism for failure to pay a worker as agreed upon in the contract. Iowa’s new law establishes the circumstances under which certain independent contractors are not considered employees for purposes of various laws. In Louisiana, the term “employee” is now expressly defined by law and excludes independent contractors from the definition of “employment” for the purpose of unemployment benefits.
These are just a few examples of some of the many new state laws that recently came into effect. If you have questions regarding your status as an employee or any other employment issue. Shavitz Law Group is here to help. Please do not hesitate to call us for a free consultation at (800) 616-4000, or visit us at www.shavitzlaw.com for a no obligation review of your circumstances and consultation regarding your rights.
YOU EARNED IT, NOW LET’S GO GET IT.
Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY. Lawyers licensed in states including FL, NY, NJ, and TX. The choice of a lawyer is an important decision and should not be based on advertisements alone.