New York State Construction Industry Fair Play Act

Treatment of Independent Contractors in the Construction Industry

Effective 10/26/2010, NY has clarified the way that they view subcontractors in the construction industry.

The new law states that you are considered an employee unless:

  • You are free from direction and control in performing your job AND
  • You perform work that is not part of the usual work done by the business that hired you AND
  • You have an independently established business

In order to assist in the determination of whether a subcontractor meets the above criteria we have developed form X-4422 1010.