Email to a friend

Tully Rinckey PLLC’s Graig Zappia discusses trucker misclassification with GoByTruck Global News


NY Passes Classification Law

Contractor Vs Employee

New York has taken a strong stand on trucker misclassification by passing S5867. The bill, which takes effect April 10, creates new definitions for employee and independent contractor, with standards above and beyond the Internal Revenue Service definitions.

Under the law, employers will bear the burden of properly classifying their drivers. The law also includes a whistleblower provision for those who report misclassification.

Gov. Andrew Cuomo signed the bill into law Jan. 10, 2014, but an amendment was added this week. The amendment applies an 11-point business entity test to help determine which truckers fall into which category.

The law also outlines penalties for employers and contractors who violate the law. First-time offenders will pay a civil penalty of up to $2,500 per misclassified employee and either spend up to 30 days in prison or pay up to $25,000 in criminal fines. Subsequent offenses are penalized at $5,000 per affected employee and carry prison sentences up to 60 days and criminal fines up to $50,000.

“The major change is turning it into the company, the business, the employer to defend whether or not they have an employee or an independent contractor,” says Graig Zappia, an attorney with Tully Rinckey PLLC. “The presumption to get over the initial hurdle is now borne by the employer as opposed to in the past, where the employee had to prove they are not an independent contractor.”


Attorney Locator

Find an attorney near you.
Click below.

Contact Us

  • Kuhn’s leadership a major asset as managing partner

    Anthony Kuhn took an unconventional approach to finding his first full-time position as an attorney. While many soon-to-be graduates of law school blanketed a variety of firms with letters and resumes hoping to be interviewed and eventually hired, he targeted …

  • Servicemen-turned-lawyers find legal fit

    Forming a military law practice was natural for veteran lawyers. After graduating from the University at Buffalo School of Law in 2006, Robert Singer went to boot camp in Jacksonville where he got his start in the JAG Corps. That spawned a …

Read All

  • Free Download: EEOC 2016 Update White Paper

    You Could Be Sharing Confidential Info and Not Even Know It Tully Rinckey’s white paper details the Equal Employment Opportunity’s (“EEOC”) nationwide change to procedure that has gone largely unnoticed. The new procedure applies to Charges filed on or after …

Read All

Read All

Read All