§ 346. Enforcement by Attorney General; employee misclassification
(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 section 342, 343, 348, 482, or 483 of this chapter by misclassifying an employee as an independent contractor and may enforce those provisions 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 section 342, 343, 348, 482, or 483 of this chapter 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.), § 4, eff. Feb. 20, 2020; amended 2021, No. 20, § 216; repealed on July 1, 2026 by 2019, No. 85 (Adj. Sess.), § 11(b).)
Structure Vermont Statutes
Chapter 5 - Employment Practices
§ 301. Medical examination, expense
§ 303. Penalty; judicial bureau
§ 305. Nursing mothers in the workplace
§ 306. Public policy of the State of Vermont; employment separation agreements
§ 309. Flexible working arrangements
§ 342. Weekly payment of wages
§ 342a. Investigation of complaints of unpaid wages
§ 344. Assignment of future wages
§ 345. Nonpayment of wages and benefits
§ 346. Enforcement by Attorney General; employee misclassification
§ 387. Enforcement by Attorney General; employee misclassification
§ 391. Modification of wage orders
§ 396. Appeals from Commissioner’s decisions
§ 413. Notice and wage payment obligations
§ 416. Powers of the Commissioner
§ 430. Policy; definitions; rules
§ 431. Age limit; certificate as to eligibility of child under 16
§ 434. Employment of children under 16
§ 436. Employment of children under 14 years
§ 437. Employment of children; special restrictions; hours for children under 16 years
§ 442. Posting notices of hours of labor
§ 446. Duties of Commissioner as to employment of children
§ 448. Duty of person having control of child
§ 452. Suspension of subchapter
§ 453. Sale of goods made in violation of subchapter
§ 472a. Short-term family leave
§ 472b. Town meeting leave; employees; students
§ 472c. Leave; alleged crime victims; relief from stalking or abuse
§ 474. Penalties and enforcement
§ 483. Use of earned sick time
§ 484. Compliance with earned sick time requirement
§ 485. Severability of provisions
§ 491. Absence on military service and training; employment and reemployment rights
§ 494a. Polygraph testing as condition of employment
§ 494b. Employers permitted to require polygraph examinations
§ 494d. Employee rights in related proceedings
§ 495. Unlawful employment practice
§ 495a. Persons entering into contracts with this State
§ 495b. Penalties and enforcement
§ 495g. Provision applicable to college professors
§ 495i. Employment based on credit information; prohibitions
§ 495j. Criminal history records; employment applications
§ 495k. Accommodations for pregnancy-related conditions
§ 495l. Social media account privacy; prohibitions
§ 495m. Salary history; employment applications
§ 495n. Sexual harassment complaints; notice to Attorney General and Human Rights Commission
§ 496a. State funds; union organizing
§ 497c. Disability awareness month
§ 504. Income from vending facilities and machines
§ 505. Vending facilities; operation by other than a person who is blind or visually impaired
§ 507. Whistleblower protection; health care employees; prohibitions; hearing; notice
§ 512. Drug testing of applicants; prohibitions; exceptions
§ 513. Drug testing of employees; prohibitions; exceptions
§ 514. Administration of tests
§ 515. Positive test results; opportunity to retest
§ 518. Designated laboratory; rule making authority of the Commissioner