Legislative Memo

Ken Pokalsky
Vice President of Government Affairs
T 518.465.7517 x205


S.4129-C (Golden) / A.6698-B (Silver)



DOL Enforcement of Independent Contractor's Contracts



June 14, 2012


The Business Council strongly opposes this legislation that would dramatically and unfairly alter the relationship between a business or a non-profit organization and any sole proprietor that they contract with as an independent contractor.

This bill is presented as a means to help “vulnerable” sole proprietors collect payments due them pursuant to completed contracts. While these proprietors already have an available remedy, through a breach of contract suit, this bill would create an incredibly one-sided cost-recovery system through the state Department of Labor.

Specific concerns regarding this bill include the following:

Regardless of concerns that sole proprietors may have with the ability to enforce contracts through the courts, this bill presents an unfair, one-sided approach that brings the full weight of a state regulatory agency to bear on a party to a contract dispute.

For the reasons detailed above, The Business Council respectfully opposes this bill.