Wage and Hour Laws, Unemployment Compensation, Worker Classification

CT Supreme Court rules that an individual who provides services to only one company can be an independent contractor - a significant win for business community.

CT DRS Releases New Withholding Tables - employers must begin to apply revised calculations by Aug 31, 2015.

The legendary "pink slip" - which must be given by an employer to every departing employee, even those who voluntarily quit - is neither pink nor is it a slip.  It's actually an 8-page employee separation package.  Page 1 is the "slip" while pages 2-8 is information for the departing employee.  Employers would be wise to fill it out and give it to every employee who leaves your firm.

CT DOL Tax Audit Guide; CT DOL "ABC" Test; CT General Statutes sec. 31-222(a)(B)(ii) ABC Test (statute as of 1-1-11);

See HBRACT's testimony opposing SB 344 and SB 1075 in the 2013 legislative session on why CT's ABC Test does not work for the construction industry, and our markup of the ABC Test.  On March 21, a major victory for the business community came from the State Supreme Court when the Court clarified the ABC test for independent contractor status.  See Southwest Appraisal Group LLV v Administrator, Unemployment Compensation Act.  See this summary of the case.

IRS 20-factor test to determine employment status

U.S and Connecticut Departments of Labor Join Forces to Enforce Wage and Hour Laws on Construction Sites - Labor & Employment Update from Murtha, Cullina LLP (12-13-11)

Regulators Say Construction Industry Abuse of Workers 'Pervasive' In CT, RI - Hartford Courant (11-30-11); HBRA's position: the law should be followed by all contractors, and given there are literally tens of thousands of contractors in CT (commercial, new home and home improvement), the vast majority of which do follow the law, the "pervasive" characterization is unfortunate regulator and media hyperbole.

The Impact of State Employment Policies on Job Growth: A 50-State Review (US Chamber of Commerce, 2011) - CT ranks in the Poor category; Ask lawmakers to at least move us up to Fair, if not Good

CT Dept Revenue Services - 2011 Withholding Rules & Tables - As part of the two-year, $40.1 billion state budget, employers must start on August 1, 2011, withholding a full 12 months of taxes in the remaining five months of the calendar year because the increased income taxes proposed by the Governor and adopted by the CT legislature are retroactive to January 1, 2011.

Check with your labor counsel for any updates to laws and regulations.

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