AN ACT ESTABLISHING A JOINT ENFORCEMENT COMMISSION ON EMPLOYEE MISCLASSIFICATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2008) (a) There is established a joint enforcement commission on employee misclassification. The commission shall consist of the Labor Commissioner, the chairperson of the Workers' Compensation Commission, the Attorney General and the Chief State's Attorney, or their designees.

(b) The joint enforcement commission on employee misclassification shall meet not less than four times each year. The task force shall review the problem of employee misclassification by employers for the purposes of avoiding their obligations under state and federal labor, employment and tax laws. The commission shall (1) coordinate the investigation and civil and criminal prosecution of violations of state and federal laws through employee misclassification; (2) consult with representatives of business and labor organizations to make administrative and legislative recommendations for improving the state's enforcement of these laws; (3) work cooperatively with business and labor organizations to reduce employee misclassification; and (4) cooperate with social organizations and state and local social service departments to provide assistance to populations that have been exploited by employee misclassification.

(c) On or before February 1, 2010, and annually thereafter, the commission shall report, in accordance with section 11-4a of the general statutes, to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to labor. The report shall summarize the commission's actions for the preceding calendar year and include any recommendations for administrative or legislative action.

Statement of Purpose:

To create a task force to investigate and make recommendations to reduce employer's misclassification of employees for the purpose of avoiding paying certain benefits, fees and taxes.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]