OLR Bill Analysis
sSB 911 (File 207, as amended by Senate “A”)*
AN ACT CONCERNING HOMEMAKER SERVICES AND HOMEMAKER-COMPANION AGENCIES.
This bill requires a homemaker or companion services registry to provide notice within seven days after service begins, advising consumers that they may be considered an employer and responsible for applicable taxes or other payments.
The bill defines “registry” as any person or entity engaged in the business of supplying or referring an individual to, or placing an individual with, a consumer to provide homemaker or companion services when the individual providing the services is either (1) directly compensated, in whole or in part, by the consumer or (2) treated, referred to, or considered by the supplying person or entity as an independent contractor. It also specifies that a homemaker-companion agency that supplies, refers, or places an independent contractor with a consumer is considered a registry and must meet the bill's notice requirement.
The bill allows the consumer protection commissioner to (1) revoke, suspend, or refuse to issue or renew a certificate of registration of a homemaker-companion agency; (2) place an agency on probation; or (3) issue a letter of reprimand for any agency, acting as a registry, that fails to comply with the notice requirement.
*Senate Amendment “A” changes when the consumer must receive and sign the notice and specifies that certain homemaker-companion agencies are considered registries.
EFFECTIVE DATE: January 1, 2012
The bill requires a registry to provide written notice to the consumer, specifying the registry's legal liabilities to the individual supplied to the consumer. The registry must provide the notice within seven days after service begins for the consumer to sign. If the registry maintains an Internet web site, a sample of the notice must be posted on it.
The notice to the consumer must be written in plain language and include a statement identifying the registry as an employer, joint employer, leasing employer, or non-employer, as applicable. The statement must also advise the consumer that he or she may be considered an employer. If the consumer is considered the employer, then he or she must pay federal and state taxes, Social Security, overtime, minimum wage, unemployment and workers' compensation insurance payments, and any other applicable payment required under state or federal law. The notice must also include a statement that the consumer should consult with a tax professional if he or she is uncertain about his or her responsibility for these taxes or payments.
General Law Committee
Joint Favorable Substitute