Vermont § 387 - Enforcement by Attorney General; employee misclassification [Repealed effective July 1, 2026]

§ 387. Enforcement by Attorney General; employee misclassification [Repealed effective July 1, 2026]

• (a) Following the referral of a complaint by the Commissioner of Labor pursuant to the
  provisions of section 3 of this title, the Attorney General may investigate a complaint that an employer has committed
  a willful, substantial, or systemic violation of this subchapter by misclassifying
  an employee as an independent contractor and may enforce the provisions of this subchapter
  by restraining prohibited acts, seeking civil penalties, obtaining assurances of discontinuance,
  and conducting civil investigations in accordance with the procedures established
  in 9 V.S.A. §§ 2458-2461 as though the misclassification of an employee is an unfair act in commerce. Any
  employer complained against shall have the same rights and remedies as specified in
  9 V.S.A. §§ 2458-2461. The Superior Court may impose the same civil penalties and investigation costs and
  order other relief to the State of Vermont or an aggrieved employee for the misclassification
  of an employee and any related violations of the provisions of this chapter as they
  are authorized to impose or order under the provisions of 9 V.S.A. §§ 2458 and 2461 in an unfair act in commerce. In addition, the Superior Court may order restitution
  of wages or other benefits on behalf of an employee and may order reinstatement and
  other appropriate relief on behalf of an employee. (b)(1) The Attorney General shall share information and coordinate investigatory and enforcement
  resources with the Departments of Financial Regulation, of Labor, and of Taxes pursuant
  to the provisions of section 3 of this title. (2) Upon receiving notice that the Attorney General has determined that an employer has
  committed a violation of this subchapter by misclassifying an employee as an independent
  contractor, the Commissioners of Financial Regulation and of Taxes shall review whether
  the employer is in compliance with the insurance or tax laws that are under their
  jurisdiction. (Added 2019, No. 85 (Adj. Sess.), § 6, eff. Feb. 20, 2020; amended 2021, No. 20, § 217; repealed on July 1, 2026 by 2019, No. 85 (Adj. Sess.), § 11(b).)