2023 Vermont Statutes › Title 3 - Executive › Chapter 45 - Administration › § 2222d. Employee Misclassification Task Force

§ 2222d. Employee Misclassification Task Force
(a) As used in this section, “employee misclassification” means:
(1) the misclassification of an employee as an independent contractor; or
(2) a violation of 21 V.S.A. § 687 or 708 that results from an employer claiming that it is not an employer as defined pursuant to 21 V.S.A. § 601(3) or that an individual is not a worker or employee as defined pursuant to 21 V.S.A. § 601(14).
(b) The Employee Misclassification Task Force is created to coordinate efforts to combat misclassification of workers and to ensure enforcement of all related laws and regulations. The Task Force shall be overseen by the Office of the Attorney General and shall be composed of the following members:
(1) the Attorney General or designee;
(2) the Secretary of Administration or designee;
(3) the Secretary of Transportation or designee;
(4) the Commissioner of Buildings and General Services or designee;
(5) the Commissioner of Labor or designee;
(6) the Commissioner of Financial Regulation or designee;
(7) the Secretary of Human Services or designee;
(8) the Commissioner of Taxes or designee; and
(9) the Commissioner of Liquor and Lottery or designee.
(c)(1) The Task Force shall meet at least quarterly.
(2) The Attorney General or designee shall be the Chair of the Task Force.
(d) The Task Force shall ensure that all State agencies coordinate their efforts to combat employee misclassification in a manner that increases the efficiency and effectiveness of those efforts.
(e)(1) The Attorney General shall report annually on or before January 15 of each year to the House Committees on Commerce and Economic Development and on Ways and Means and the Senate Committees on Economic Development, Housing and General Affairs and on Finance regarding activities undertaken pursuant to this section and any additional tax revenue and unemployment insurance contributions, as well as any reduction in workers’ compensation premiums and costs, realized as a result of the efforts undertaken pursuant to this section.
(2) The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.
(f) On or before December 15, 2021, the Task Force shall submit a written report to the House Committee on Commerce and Economic Development and the Senate Committee on Economic Development, Housing and General Affairs regarding ways to improve the effectiveness and efficiency of the system of joint enforcement by the Commissioner of Labor and the Attorney General of the laws related to employee misclassification that is established pursuant to 21 V.S.A. §§ 3, 346, 387, 712, and 1379. In particular, the report shall examine:
(1) potential legislative changes to address shortcomings or difficulties identified by the Task Force in relation to the system of joint enforcement;
(2) potential legislative changes to enable either the Commissioner of Labor or the Attorney General to seek the full, combined range of penalties and remedies that are currently available to them through joint enforcement;
(3) whether to expand the joint enforcement of the laws related to employee misclassification to include additional agencies or departments of the State and potential legislative changes to accomplish such an expansion;
(4) the possibility of creating a private right of action to enforce the provisions of 21 V.S.A. chapter 5, subchapters 2 and 3, and 21 V.S.A. chapters 9 and 17 that relate to employee misclassification; and
(5) the possibility of creating a private attorneys general act modeled on California law for the enforcement of the provisions of 21 V.S.A. chapter 5, subchapters 2 and 3, and 21 V.S.A. chapters 9 and 17 that relate to employee misclassification. (Added 2019, No. 85 (Adj. Sess.), § 10, eff. Feb. 20, 2020; amended 2021, No. 51, § 16, eff. June 1, 2021; repealed on July 1, 2026 by 2019, No. 85 (Adj. Sess.), § 11(a).)