New York Construction Industry Fair Play Act Required
The Construction Industry Fair Play Act is an employee classification law poster by the New York Department Of Labor. This is a mandatory posting for all employers in New York, and businesses who fail to comply may be subject to fines or sanctions.
This poster must be posted in a conspicuous place where all employees will see it. This poster describes the differences between an employee and an independent contractor as well as fines employers can be charged for misclassifying employees as independent contractors.
NY All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both New York and Federal poster requirements by clicking here .
Required Notice under Article 25- B of the Labor Law Attention All Employees, Contractors and Subcontractors: You are Covered b y the Construction Industry Fair Play Act The law says that you are an employee unless: • You are free from direction and cont rol 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 against the law for an employer to misclassify employees as independent contractors or pay employees off the books. Employee Rights : If you are an employee, y ou are entitled to state and federal worker protections . These include : • Unemployment Insurance benefits, if you are unemployed through no fault of your own, able to work, and otherwise qualified, • Workers’ compensation benefits for on -the -job injuries , • Payment for wages earned, minimum wage, and overtime (under certain conditions) , • Prevailing wages on public work projects , • The provisions of the National Labor Relations Act , and • A safe work environment . It is a violation of this law for employers to retaliate against anyone who asserts their rights under t he law. Retaliation subjects an employer to civil penalties, a private lawsuit or both. Independent Contractors: If you are an independent contractor , y ou must pay all taxes and Unemployment Insur ance contributions required by New York State and Federal L aw. Penalties for paying workers off the books or improperly treating employees as independent contractors: • Civil Penalty First offense: Up to $2,500 per employee Subsequent offense(s): Up to $5,000 per employee • Criminal Penalty First offense: Misdem eanor - up to 30 days in jail, up to a $25,000 fine and debarment from performing public work for up to one year. Subsequent offense(s): Misdemeanor - up to 60 days in jail or up to a $50,000 fine and debarment from performing public work for up to 5 yea rs. If you have questions about your employment status or believe that your employer may have violated your rights and you want to file a complaint, call the Department of Labor at (866) 435 -1499 or send an email to [email protected] All complaints of fraud and violations are taken seriously . Y ou can remain anonymous. Employer Name: IA 999 (09/1 6)
Other New York Labor Law Posters 5 PDFS
There are an additional six optional and mandatory New York labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.
|Poster Name||Poster Type|
|Mandatory Minimum Wage Poster||Minimum Wage Law|
|Mandatory Safety & Health||Job Safety Law|
|Mandatory Criminal Convictions Records||Equal Opportunity Law|
|Mandatory Construction Industry Fair Play Act||Employee Classification Law|
|Mandatory Construction Industry Fair Play Act (Spanish)||Employee Classification Law|
While we do our best to keep our list of New York labor law posters up to date and complete, we cannot be held liable for errors or omissions. Is the poster on this page out-of-date or not working? Please let us know and we will fix it ASAP.