Misclassification Task Force
Act 85 (eff. July, 2020) established an Employee Misclassification Task Force. The purpose of the Task Force is to “coordinate efforts to combat misclassification of workers and to ensure enforcement of all related laws and regulations.” Other directives of the Task Force include: ensuring that “all State agencies coordinate their efforts to combat employee misclassification in a manner that increases the efficiency and effectiveness of those efforts.” And, importantly, the Task Force is to submit a report to the committees of jurisdiction (House Commerce and Senate Economic Development) “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…”, including but not limited to examination of:
(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.
A written report of the Task Force is due on or before January 15, 2022.
Task Force Members:
Secretary of Administration (or designee)
Secretary of the Agency of Commerce and Community Development (or designee)
Secretary of the Agency of Human Services (or designee)
Commissioner of Buildings and General Services (or designee)
Commissioner of Financial Regulation (or designee)
Commissioner of Labor (or designee)
Commissioner of Liquor and Lottery (or designee)
Commissioner of Tax (or designee)
The Task Force is convened and Chaired by the Attorney General (or designee).