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Assault on Independent Contractor Misclassification Continues: California Legislature Passes and Sends Aggressive New Legislation to Governor Brown for Signature

09/28/2011

Billed as prohibiting and punishing the "willful misclassification" of employees as independent contractors, S.B. 459 would impose stiff civil penalties for each violation and even higher penalties if a "pattern" of violations is found. Both houses of the California Legislature recently passed S.B. 459 and sent it on to Governor Brown for signature. This measure joins a plethora of legislative and administrative efforts at the federal and state levels to deter and punish the misclassification of employees as independent contractors. This Alert discusses the recent legislation.