City of Middletown, CT Article V Fair Classification of Tradesmen and Laborers

[Adopted 9-7-1999]

§ 26-15 Compliance with state and federal laws required.

All contractors entering into contracts with the City of Middletown for the construction, alteration or repair of any public building or public work shall comply with all applicable state and federal laws governing fair treatment of employees, including but not limited to unemployment compensation and workers' compensation. All contractors entering into contracts with the City of Middletown for the construction, alteration or repair of any public building or public work shall comply with all applicable state and federal laws governing fair treatment of independent contractors, including but not limited to payment of the relevant prevailing wage rates.

§ 26-16 Determination of status as employee.

For purposes of this article, any person who meets nine or more of the following criteria shall be considered an employee:

A. The person is required to comply with company instructions about when, where, and how work is done.

B. The person has been trained by the company.

C. The person is integrated into the company's general business operations.

D. The person must render services personally.

E. The person uses assistants provided by the company.

F. The person has a continuing relationship with the company.

G. The person is required to work a set number of hours.

H. The person must devote substantially full-time work to the company.

I. The person works at the company's premises or job site.

J. The person must perform work in a preset sequence.

K. The person must submit regular progress reports.

L. The person is paid by the hour, week, or month; payroll deductions include federal and/or state income taxes, FICA insurance.

M. The person is reimbursed for all business and travel expenses.

N. The person uses company tools and materials.

O. The person has no significant investment in the facilities that are used.

P. The person has no risk of loss.

Q. The person works for only one company.

R. The person does not offer services to the public.

S. The person can be discharged by the company.

T. The person can terminate the relationship without incurring liability.

§ 26-17 Enforcement.

Enforcement of this article shall be monitored by the building committee or the director of the City department or agency for which the construction is being done. If the construction, alteration or repair is being overseen by a building committee, the building committee shall monitor compliance with this article. Nothing in this section shall be construed to prevent the Public Works Department, the Contract Compliance Committee, the Purchasing Department or the Common Council from conducting independent investigations and/or initiating enforcement through appropriate channels.

§ 26-18 Applicability.

This article shall only be applicable to contracts signed on or after the date of its passage.

§ 26-19 Notice of status.

Any contractor utilizing the services of tradesmen or laborers who are not classified as employees under this article shall provide written notice to said tradesmen or laborers of their status. Said notice shall include a provision advising the tradesman or laborer that he or she is not eligible for workers' compensation, health insurance, or unemployment compensation from the contractor.