MSD’s Diligence Results in Major Win for Independent Contractors

Monaghan Safar Ducham’s Claudine Safar successfully represented two appellants before the Vermont Supreme Court in their appeals from adverse determinations of the Vermont Department of Labor’s Employment Security Board. As a result of Attorney Safar’s representation, both appellant businesses won their cases. Read the Seven Days article below, discussing how these monumental decisions have changed the face of independent contractor law in the State of Vermont.

READ MORE: Employee or Contractor? Vermont Supreme Court Tackles the Gig Economy

Vermont Legislature Passes Earned Sick Time Legislation

The Vermont legislature recently passed Act 69 of the 2015-16 Legislative Session, which provides “earned sick time” (“EST”) guarantees to certain employees. This Act will be codified in 21 V.S.A. §§ 481-86. Under the Act, an employee qualifies for EST if he or she works at least eighteen (18) hours per week on average and works at least twenty-one (21) weeks per year.

Beginning January 1, 2017, an employer must provide qualifying employees with at least 24 hours of EST per year. Beginning January 1, 2018, an employer must provide qualifying employees with at least 40 hours of EST per year.

The Act allows the employer to maintain an earned time off (“ETO”) system and to count any ETO hours granted to employees for purposes of satisfying the EST minimum requirements. The Act also allows employers to impose a waiting period whereby qualifying part-time employees accrue EST, but may only use the EST after December 31, 2017.