Generally, where two entities or more entities share responsibility for determining whether a person is employed and the nature of that employment, those entities should be treated as “joint employers.”   Joint employer status promotes greater accountability among businesses that use labor intermediaries and helps to ensure that workers enjoy the employment protections to which they are entitled.  Although the definition of employment under some laws is broad enough to lead to a joint employer finding, some labor laws and regulations should be revised and broadened.

In addition, employer misclassification of employees as “independent contractors” leads to no responsibility for the businesses employing those workers.  Many states have enacted laws to combat employer misclassification, and some states prohibit it in certain sectors. 

State laws regulating the temporary help industry and prohibiting the contracting out of responsibility for work done in a business are ground-breaking laws that have much promise. 

NELP will continue to monitor model state and local laws that pertain to nonstandard workers and publish its results.  NELP staff is available to assist in ongoing or planned campaigns to change local and state laws.

Select Survey of Pending Non-Standard Worker Legislation
A select summary of state legislation affecting non-standard workers. This survey focuses on the following issues as they relate to non-standard workers: misclassification of workers as independent contractors, temporary agencies, employment security, wage equity, unemployment insurance and workers'compensation. This survey is updated at the end of every legislative session. (Fall 2005).

Summary of New York AB 8107: Preventing Misclassification as Independent Contractors A summary of New York AB 8107, a bill to prevent misclassification as independent contractors. (May 2003).

Summary of NY AB 8219: Temporary Workers' Bill of Rights A summary of New York AB 8219, a bill that would expand the rights of temporary workers.  (May 2003)