Communication of information relating to employee misclassification among Labor Commissioner, certain state agencies and the Attorney General

1. The offices of the Labor Commissioner, Division of Industrial Relations of the Department of Business and Industry, Employment Security Division of the Department of Employment, Training and Rehabilitation, Department of Taxation and Attorney General shall communicate between their respective offices information relating to suspected or actual employee misclassification which is received in the performance of their official duties, regardless of whether the information is otherwise declared by law to be confidential. Any information that is communicated between their respective offices relating to suspected or actual employee misclassification pursuant to this section which is otherwise declared by law to be confidential must otherwise be maintained under the terms and conditions required by law. 2. As used in this section, unless the context otherwise requires, “employee misclassification” means the practice by an employer of improperly classifying employees as independent contractors to avoid any legal obligation under state labor, employment and tax laws, including, without limitation, the laws governing minimum wage, overtime, unemployment insurance, workers’ compensation insurance, temporary disability insurance, the payment of wages and payroll taxes.