Vermont § 9 - Executive Order No. 21-9 (No. 08-12) [Governor’s Task Force on Employee Misclassification]

§ 9. Executive Order No. 21-9 (No. 08-12) [Governor’s Task Force on Employee Misclassification]

• WHEREAS, Vermont law provides that all workers are considered employees unless a worker
  is lawfully exempt as an “independent contractor,” and WHEREAS, when an employee is misclassified as an independent contractor, the employer
  potentially violates numerous laws, and WHEREAS, the misclassification of employees harms Vermont workers by depriving them
  of important legal rights, harms Vermont taxpayers and the State’s economy through
  the loss of state and federal payroll taxes, and harms employers who abide by the
  law by enabling non-compliant business to gain an unfair advantage, and WHEREAS, Vermont’s laws regarding misclassification must be aggressively enforced
  in a coordinated, timely, and consistent manner by all agencies and departments. NOW THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested
  in me as Governor of the State of Vermont, do hereby create the “Governor’s Task Force
  on Employee Misclassification” as set forth below. I. Composition, Appointments, and Process. The Task Force shall consist of the following members: — The Secretary of Administration or designee — The Commissioner of Labor or designee — The Commissioner of Financial Regulation or designee — The Commissioner of Taxes or designee — The Commissioner of Buildings and General Services or designee — The Secretary of Transportation or designee — The Secretary of Human Services or designee — The Secretary of Commerce or designee — The Commissioner of Liquor Control or designee The Task Force may also request the participation of other state officials, including
  the Attorney General or designee and the Secretary of State or designee. The Commissioner of Labor or his or her designee shall chair the Task Force. The
  Task Force may elect a deputy chair. The Department of Labor shall provide administrative
  support. The Task Force shall meet every two months at the call of the Chair or deputy
  chair. II. Charge. The Task Force is charged with combating the practice of employee misclassification
  and shall report its findings to the Governor on January 15 of each year. The Task Force shall: A. Examine and evaluate existing misclassification enforcement by agencies and departments; B. Develop and implement a campaign to educate and inform employers, workers, and the
  general public about misclassification; C. Coordinate review of existing law and other methods to improve monitoring and enforcement
  of misclassification; D. Review and establish reasonable mechanisms to accept complaints and reports of non-compliance; E. Review templates for state contracts and grants and monitor systems to ensure compliance
  by contractors and grant recipients; F. Identify barriers to information sharing and recommend statutory changes where necessary; G. Work collaboratively with businesses, labor, and other interested stakeholders in
  the effort to reduce employee misclassification; H. Ensure that agencies and departments are engaged in timely enforcement and that any
  penalties and debarment periods are posted to a publicly available website in a timely
  manner, where permitted by law. Additional methods of public notice and information
  sharing shall be reviewed and recommended by the Task Force. I. Engage in other activities as deemed necessary and appropriate by the Task Force,
  as permitted by law. All agencies and departments shall cooperate with the Task Force and furnish information
  in a timely fashion. The Task Force is authorized to receive monetary and other assistance
  in furtherance of its duties upon approval of the Governor in accordance with law.
  The Department of Labor shall be the fiscal recipient of any such funds. III. Effective Date. This Executive Order shall take effect upon signing and shall continue in full force
  and effect until further order by the Governor. Dated September 8, 2012.