§ 34-4. Treatment of employees.

All contracts entered into by the City of Norwalk for the construction, alteration or repair of any public building or public work shall contain the following provisions concerning treatment of employees.

A. 

The contractor and all lower tiered subcontractors performing work under the contract shall properly classify mechanics, laborers and workers as employees rather than as independent contractors and treat them as employees for purposes of workers' compensation, insurance coverage, unemployment taxes, social security and income tax withholding.

B. 

The contractor and all lower tiered subcontractors must furnish, at their expense, health insurance for all of their employees assigned to perform work under the contract.

C. 

For purposes of this subsection, any person who meets nine or more of the following criteria shall be considered an employee:

(1) 

The person is required to comply with company instructions about when, where, and how work is done;

(2) 

The person has been trained by the company;

(3) 

The person is integrated into the company's general business operations;

(4) 

The person must render services personally;

(5) 

The person uses assistants provided by the company;

(6) 

The person has a continuing relationship with the company;

(7) 

The person is required to work a set number of hours;

(8) 

The person must devote substantially full-time work to the company;

(9) 

The person works at the company's premises or job site;

(10) 

The person must perform work in a preset sequence;

(11) 

The person must submit regular progress reports;

(12) 

The person is paid by the hour, week, or month; payroll deductions include federal and/or state income taxes, FICA insurance;

(13) 

The person is reimbursed for all business and travel expenses;

(14) 

The person uses company tools and materials;

(15) 

The person has no significant investment in the facilities that are used;

(16) 

The person has no risk of loss;

(17) 

The person works for only one company;

(18) 

The person does not offer services to the public;

(19) 

The person can be discharged by the company;

(20) 

The person can terminate the relationship without incurring liability.

D. 

The contractor and all lower tiered subcontractors performing work under the contract and utilizing the services of mechanics, laborers or workers who are not classified as employees under this subsection shall provide written notice to said mechanics, laborers and workers of their status as independent contractors. Said notice shall include a provision advising the mechanics, laborers and workers that they are not eligible for workers' compensation, health insurance, or unemployment compensation from the contractor or subcontractor.