What if an individual does not obtain an exemption certificate, or a person hires someone without one to perform building construction or improvement services?
An individual covered by the law who does not have an ICEC is an employee of the hiring person, and not an independent contractor. The hiring person will be considered the employer of the individual, and as such, must comply with all the obligations of an employer for the purposes of workers’ compensation, unemployment compensation, OSHA, labor standards and child labor laws. There are penalties for failure to comply with an employer’s obligations under these laws, such as failure to obtain workers’ compensation insurance, pay unemployment insurance tax or comply with the employment laws. In addition, penalties of up to $5,000 may be assessed for each violation of Minn. Stat. § 181.723, subd.
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