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Legislative Memo

Ken Pokalsky
Vice President of Government Affairs
T 518.465.7517 x205
www.bcnys.org

BILL:

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

Support

SUBJECT:

DOL Enforcement of Independent Contractor's Contracts

 

DATE:

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.