Maine Revised Statutes Title 26 Sec. 591-A – Employee misclassification

Current as of: 2023 | Check for updates | Other versions

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Terms Used In Maine Revised Statutes Title 26 Sec. 591-A

Employee: means every person who may be permitted, required or directed by any employer in consideration of direct or indirect gain or profit, to engage in any employment;

[PL 1985, c. See Maine Revised Statutes Title 26 Sec. 591

Employer: means an individual, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy and any common carrier by rail, motor, water, air or express company doing business in or operating within the State; and

[PL 2011, c. See Maine Revised Statutes Title 26 Sec. 591

Independent contractor: means an individual who qualifies as an independent contractor under section 1043, subsection 11, paragraph E. See Maine Revised Statutes Title 26 Sec. 591

An employer that intentionally or knowingly misclassifies an employee as an independent contractor commits a civil violation for which a fine of not less than $2,000 and not more than $10,000 per violation may be adjudged. [PL 2011, c. 643, §5 (NEW); PL 2011, c. 643, §14 (AFF).]

A determination of misclassification of a worker as an independent contractor may result in the assessment of penalties under section 1051, 1082 or 1225 or Title 39?A, section 105?A or 324. [PL 2011, c. 643, §5 (NEW); PL 2011, c. 643, §14 (AFF).]

SECTION HISTORY

PL 2011, c. 643, §5 (NEW). PL 2011, c. 643, §14 (AFF).

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