Department of Labor

Construction Industry Fair Play Act

Attention all Employees, Contractors and Subcontractors: You are Covered by the Construction Industry Fair Play Act.

The law says that you are 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

Your employer cannot consider you to be an independent contractor unless all three of these facts apply to your work.

It is against the law for an employer to misclassify employees as independent contractors or pay employees off the books.

• Fact Sheet
• Poster for Construction Sites
• Poster for Construction Sites (Spanish)