Effective – 28 Aug 2008 285.500. Definitions. — For the purposes of sections 285.500 to 285.515 the following terms mean: (1) “Employee”, any individual who performs services for an employer that would indicate an employer-employee relationship in satisfaction of the factors in IRS Rev. Rule 87-41, 1987-1 C.B.296.; (2) “Employer”, any individual, organization, partnership, political […]
Effective – 28 Aug 2008 285.503. Misclassification of workers by employers, failure to claim worker as employee — attorney general may investigate, powers. — 1. An employer knowingly misclassifies a worker if that employer fails to claim the worker as an employee but knows that the worker is an employee. 2. The attorney general may […]
Effective – 28 Aug 2008 285.506. State to have burden of proof. — In any action brought under sections 285.500 to 285.515, the state shall have the burden of proving that the employer misclassified the worker. ——– (L. 2008 H.B. 1549, et al.)
Effective – 28 Aug 2008 285.512. Attorney general may seek injunction, when. — Whenever the attorney general has reason to believe that an employer is engaging in any conduct that would be a violation of sections 285.500 to 285.515, the attorney general may seek an injunction prohibiting the employer from engaging in such conduct. The […]
Effective – 28 Aug 2008 285.515. Penalties for violations. — If a court determines that an employer has knowingly misclassified a worker, the court shall enter a judgment in favor of the state and award penalties in the amount of fifty dollars per day per misclassified worker up to a maximum of fifty thousand dollars. […]
