Commonwealth Consolidated Acts

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Misrepresenting employment as independent contracting arrangement

             (1)  A person (the employer ) that employs, or proposes to employ, an individual must not represent to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor.

Note:          This subsection is a civil remedy provision (see Part 4-1).

             (2)  Subsection (1) does not apply if the employer proves that, when the representation was made, the employer:

                     (a)  did not know; and

                     (b)  was not reckless as to whether;

the contract was a contract of employment rather than a contract for services.

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