On October 13, 2006, House Bill No. 400 was signed into law as the Construction Workplace Misclassification Act. The Act was designed and passed to address the improper classification of employees as independent contractors in an attempt to gain certain tax, worker’s compensation and unemployment insurance benefits. As more fully set forth below, the Act establishes fixed criteria to distinguish an independent contractor from an employee and further sets forth civil and criminal penalties for violations of the same.