tag:blogger.com,1999:blog-3485246316942748632024-03-12T23:29:58.060-04:00Massachusetts Freelancers/Independent ContractorsUnable to work as a freelancer/independent contractor in the state of Massachusetts because of the Independent Contractor Misclassification Law?
You're in the right place.go ahead, be sarcastichttp://www.blogger.com/profile/17941831324669620286noreply@blogger.comBlogger32125tag:blogger.com,1999:blog-348524631694274863.post-43077473869980878782011-12-13T22:56:00.004-05:002011-12-13T23:08:12.451-05:00Recent press regarding need to change the MA Independent Contract StatuteHere are URLs for four recent articles from the Boston Business Journal, the Boston Herald, the Worcester Business Journal and CFO Magazine that focus on the need to change the MA independent contractor statute <br /><br />http://www.bizjournals.com/boston/print-edition/2011/12/09/critics-want-contractor-law-made.html?surround=etf&ana=e_article (This article requires a subscription to see the entire article. Send a comment with you email, and I can forward the entire article to you.)<br /><br />http://bostonherald.com/news/opinion/op_ed/view.bg?articleid=1386803<br /><br />http://www.wbjournal.com/news50249.html?Type=search<br /><br />http://www.cfo.com/article.cfm/14609153?f=searchfandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com1tag:blogger.com,1999:blog-348524631694274863.post-4412768251051428642011-11-06T17:56:00.003-05:002011-11-06T18:03:33.296-05:00CALL FOR WRITTEN TESTIMONY AND SUMMARY OF HEARINGUrgent call for written testimony in support of any of the following bills that will amend the Independent Contractor Law: Senate Bill S00957/House Bill H01412 or House Bill 2874, An Act Relative to Independent Contractors.<br /><br />On November 3rd there was a public hearing before the Joint Committee on Labor and Work Force Development on the 3 bills noted above. There were a total of 43 bills being heard at this hearing, but by far the most testimony concerned the Independent Contractor Law. Testimony included both proponents of a change as well as opponents. The following article is a good summary of the testimony:<br />http://www.bostonherald.com/news/politics/view/20111104contractor_law_leaves_lawmakers_juggling_job_benefit_concerns/srvc=home&position=recent <br /><br />We need to generate as much written testimony in favor of these bills as possible by November 8th. Please take the time to send in testimony and ask other Massachusetts residents to do so as well. For more information on these two bills and the reasons we need to change a 2004 law governing independent contractors/freelancers in our state, see the prior postings on this blog.<br /><br />Please send in written testimony in support of these bills to the Joint Committee on Labor and Workforce Development- email address: Kate.Flanagan@Mahouse.gov by November 8th (Kate is the staffer who will make sure all the committee members get a copy of your testimony). You should also send copies of your testimony to your own Senator and Representative.<br /><br />Thank you for taking the time to do this.fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com1tag:blogger.com,1999:blog-348524631694274863.post-41920702312792650972011-10-26T14:34:00.004-04:002011-10-26T14:45:21.997-04:00IC Hearing Scheduled for Nov. 3rdThe Joint Committee on Labor and Workforce will hear the 4 bills listed in the Sept. 12, 2011 posting on November 3, 2011 at 10:30 in Room A1. This date is not actually confirmed (that doesn't happen until the day before), but it is quite probable. Sign-in for testifying starts at 10AM. If you wish to testify you should be there around 10 to get on the list. The current room number A1 could be changed, if there are a lot of people attending the hearing. This is our chance to be heard on this important issue, so please plan to attend. Note that there will be several other bills heard at the same time.fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com1tag:blogger.com,1999:blog-348524631694274863.post-14773743489740469972011-10-01T14:07:00.006-04:002011-10-01T14:15:50.322-04:00Oct. 6 Joint Comm. on Labor and Workforce Development Hearing postponedThe October 6th hearing in front of the Joint Committee on Labor and Workforce Development regarding changes to the Independent Contractor law has been postponed. It is supposed to be rescheduled for another date in October. We will keep you posted.fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-39016451432188761192011-09-16T12:26:00.006-04:002011-09-16T12:34:43.378-04:00New non-profit coalition working on IC legislationA new non-profit coalition is working on the Independent Contractor Legislation, and they asked us to post the following. <strong>Note that the hearing may be sooner than Oct. 6th. </strong>We will keep you posted.<br /><br />----------------------------------------------------------------------------------<br />On October 6th, 2011, at 10:30 a.m., the Joint Committee on Labor and Workforce Development will be holding a hearing on the Massachusetts Independent Contractor Law. In preparation for this legislative hearing, New Jobs for Massachusetts, Inc., a non-partisan, non-profit, pro-job growth advocacy organization, is forming a panel of speakers who are willing to share their personal stories with the legislative committee. <br /> <br />NJFM is seeking to bring together freelancers and independent contractors from a broad spectrum of industries to illustrate how far-reaching and devastating this legislation has been. <br /> <br />NJFM believes that the legislation was not intended to be so all-encompassing, and thus we are asking the legislators to look at the true intent of the legislation and repair the law so thousands of individuals can return to work, and businesses can conduct their business in a way that makes sense for them. <br /> <br />As it stands, Massachusetts' law on independent contractors is the strictest of its kind in the country, and it has suppressed the creation of literally tens of thousands of jobs here in Massachusetts. <br /> <br />NJFM is part of a one-issue coalition that includes organizations and professionals such as Associated Industries of Massachusetts (AIM), the National Federation of Independent Business (NFIB), experienced employment attorneys, and the Retailers Association of Massachusetts (RAM). <br /> <br />NJFM pledges to provide complete support to all panelists, including helping them prepare for the hearing and reviewing testimony. It is important that the legislators hear from “real people” with personal stories of hardship as a result of this legislation. <br /> <br />If making your voice heard on this issue appeals to you, please reach NJFM at any of the following:<br /> <br />NJFM office phone: (978) 263-3429<br />Mike Hruby, President: mike@newmassjobs.com<br />Christine Doucette, Analyst: christine@newmassjobs.com<br /> <br />We also have a website if you are interested in learning more about our organization and the work we are doing: www.newmassjobs.com. <br /> <br />Thank you for your time and consideration. We look forward to hearing from you. <br />----------------------------------------------------------------------------------fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com1tag:blogger.com,1999:blog-348524631694274863.post-17388367754069265052011-09-12T14:06:00.004-04:002011-09-12T19:39:18.350-04:00UPDATE ON NEW LEGISLATION AND HEARING SCHEDULEDAfter some last minute activity to change the Independent Contractor law in the last Legislative session, which went down to the wire, it was not heard, in part because of the Casino bill. This year there seems to be more interest in fixing the Independent Contractor law, because the legislature knows this law needs to be fixed.<br /><br />Look through this blog for a summary of what happened during the last legislative session.<br /><br />This Legislative session there are 4 bills that have been proposed to fix the situation.<br /><br />H01412: http://www.malegislature.gov/Bills/187/House/H01412 (click link to see information on this bill)<br /><br />S00957: http://www.malegislature.gov/Bills/187/Senate/S00957<br /><br />H02784: http://www.malegislature.gov/Bills/187/House/H02874<br /><br />H02298: http://www.malegislature.gov/Bills/187/House/H02298<br /><br />There are problems with each of these bills, but they will serve as a starting point for any discussion.<br /><br />H01412 and S00957 are essentially the same bills. They are similar to what was defeated last session.<br /><br />H02784 has some good wording, so this could be the best starting point.<br /><br />H02298 is not sufficient, as it will not work for all Independent Contractors, e.g. those who need to ‘go to the place of business of the enterprise’ for whatever reason.<br /><br />These bills will be heard by the Joint Committee on Labor and Workforce Development, who will give a reading on them to the Legislature. <strong>The hearing is scheduled for October 6, 10:30-1, Room 81 (NOTE that this is a change). </strong>There are several activities we should each undertake.<br /><br />If possible, plan to attend the hearing. In the last session, we had a large turnout at the hearing, and we weren’t even organized. This really had an impact on the committee.<br /><br />If you are comfortable, you should plan to give verbal testimony, which you should also leave with the committee as written testimony. Consider organizing yourselves into panels of 3 or 4 people, so things will move along more quickly. If you aren’t comfortable giving verbal testimony or you are not able to be at the hearing, you should send in written testimony to the committee.<br /><br />You should be contacting all members of the committee, as listed below, to let them know of your concern with this issue. Contact your own State Senator and Representative as well. You can e-mail them or just make a phone call, although e-mail is probably best, if there is time.<br /><br />Joint Committee on Labor and Workforce Development:<br /><br /><strong>Chairs:</strong><br />Daniel A. Wolf, Senate Chair, (Dem. Harwich): 617-722-1570, Daniel.Wolf@masenate.gov<br />Cheryl A. Coakley-Rivera, House Chair (Dem. Springfield): 617-722-2014, Cheryl.Coakley-Rivera@mahouse.gov<br />Michael J. Rodrigues Senate Vice Chair (Dem., Westport): 617-722-1114, Michael.Rodrigues@masenate.gov<br />Lori A. Ehrlich, House Vice Chair (Dem. Marblehead): 617-722-2014, Lori.Ehrlich@mahouse.gov <br /><br /><strong>Senate Members:</strong><br />Barry R. Finegold, (Dem. Andover): 617-722-1612, Barry.Finegold@MASenate.gov<br />Michael F. Rush, (Dem. West Roxbury): 617-722-1348 , Mike.Rush@masenate.gov<br />Sal N. DiDomenico, (Dem. Everett): 617-722-1650, Sal.DiDomenico@masenate.gov<br />Robert L. Hedlund (Rep. Weymouth): 617-722-1646, Robert.Hedlund@masenate.gov<br /><br /><strong>House Members:</strong><br />John H. Rogers (Dem. Norwood): 617-722-2092, John.Rogers@mahouse.gov<br />John P. Fresolo (Dem. Worcester): 617-722-2240, John.Fresolo@mahouse.gov<br />Linda Dean Campbell, (Dem. Methuen): 617-722-2877, <br />Linda.DeanCampbell@mahouse.gov<br />Denise Andrews (Dem. Orange): 617-722-2460, Denise.Andrews@mahouse.gov<br />Ryan C. Fattman (Rep. Sutton): 617-722-2460, Ryan.Fattman@mahouse.gov<br />Demetrius J. Atsalis (Dem. Barnstable): 617-722-2080, Demetrius.Atsalis@mahouse.gov<br />David M. Torrisi (Dem. North Andover): 617-722-2396, David.Torrisi@mahouse.gov<br />James Arciero (Dem. Westford): 617-722-2320, James.Arciero@mahouse.gov<br />Shelia C. Harrington, (Rep. Groton): 617-722-2305, sheila.harrington@mahouse.gov<br />Of the 17 committee members listed above, only 5 were on the committee last session, namely Senator Hedlund and Representatives Coakley-Rivera, Rogers, Fresola, and Arciero. As a result, we need the committee to learn about how this law has affected us.<br /><br />To find your own Representative or Senator go to:<br />http://www.malegislature.gov/People/Search<br />Enter your address to find the name of your Rep. and Senator. Click on their names to get their contact information. Some of these legislators might be new as well.<br /><br />Also consider writing letters to the Editor of your local newspapers or trying to have a story written on this issue and how it has affected you specifically. We had some great press on this last year (as noted in this blog), which was a help.<br /><br />We will keep you posted as we hear more about this issue.<br /><br />By the way, if you haven’t already signed our Petition at http://www.thepetitionsite.com/1/fix-the-massachusetts-freelancer-law/, please go to this site and sign it.fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-19937116133012134682010-07-30T21:34:00.007-04:002010-07-30T22:17:47.333-04:00URGENT: CONTACT YOUR SENATOR, HOUSE SPEAKER, SENATE PRESIDENT, AND THE GOVERNOR TO SUPPORT HB4944 AND TO AMEND S678 WITH THE LANGUAGE FROM HB4944In addition to contacting your Representative to show your support for HB 4944, please contact the Governor, your State Senator, the Senate President, and the Speaker of the House to ask them to support HB4944. Please also ask them to amend S678(see below) with the language from HB 4944, as the language of S678 does not completely fix the issues that impact us.<br /><br />To Contact the Governor:<br />Phone: 617.725.4005 or 888.870.7770 (in state)<br />Fax: 617.727.9725<br /><br />To contact the Senate President Therese Murray:<br />Phone: 617-722-1500<br />Email: Therese.Murray@state.ma.us" <br /><br />To contact the Speaker of the House Robert A. DeLeo:<br />Phone: 617-722-2500<br />Email: Robert.DeLeo@state.ma.us<br /><br />We have just over 24 hours to do this. Both the House and Senate will be in session tonight, tomorrow, and probably into tomorrow night- so you can call their offices and send emails urging them to do the above.<br /><br />To watch them on your computer:<br /><br />Senate: http://masslegislature.tv/?l=sen_video<br />House: http://masslegislature.tv/?l=hse_video<br /><br />The following is Information on S678 amendment by Senator McGee:<br /><br />On July 28th, Senator McGee amended S678 with the basic language from HB 4748 with some additions. This language, like HB 4748, falls short of fixing the unintended consequences befalling many freelancers in all disciplines. (Basically the new redraft is MCGee's Senate Budget Amendment #260). A call of the yeas and nays was ordered on the adoption of the amendment. This means they did not record how the Senators voted- who voted or how many voted for this amendment. WE HAVE NO PUBLIC RECORD ON THEIR VOTES.<br /><br />The new language (and the above info is from http://www.mass.gov/legis/senate/calendar.htm SECTION[S. 678] <br />Bill relative to uniform wage compliance and recordkeeping (Senate, No. 678). [Question on engrossment.] [McGee.] 147I INDEPENDENT CONTRACTORS<br />[Mr. McGee moved to amend the pending amendment (Tisei) by striking out the text and inserting in place thereof the following text:-By striking inserting before section 1 the following section:-<br /><br />“SECTION 1A. Chapter 149 of the General Laws is hereby amended by inserting after section 147H the following section:-<br /><br />Section 147I. (a) An individual whose work is performed solely in the individual’s place of residence shall be exempt from the requirements of clause (2) of subsection <br />(a) of section 148B of chapter 149, but not clause (1) or clause (3) of said subsection (a) of said section 148B of said chapter 149. This section does not apply to other persons who work with or for the individual.<br /><br />(b) The exception provided in paragraph (a) of this section shall not apply to an individual who has been coerced, threatened or intimidated into establishing an independent business nor shall it apply to individuals who telecommute or work remotely from home.<br /><br />(c) Each individual seeking this exemption shall register with the state secretary and such registration shall be issued without a fee. The registration shall include, but not be limited to, the following information:(i) name of the individual seeking the exemption; (ii) the nature of the independently established business; (iii) the address of the residence at which the work is performed; and (iv) proof that the address listed is the applicant's legal residence.The state secretary shall issue regulations necessary to ensure registration under this section. The application for registration shall be typewritten, printed or in such other form as the state secretary shall prescribe. The application for registration shall be executed by the individual seeking the exemption. The registration shall be renewed every 3 years.”fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-29451686715524893462010-07-30T15:00:00.003-04:002010-07-30T18:56:37.190-04:00URGENT: CALL YOUR REP. TO SUPPORT HB4944We are in the home stretch. Call your Representative immediately <b>to support House Bill 4944 or any other bill that incorporates the language of this bill</b>. See the text <a href="http://www.mass.gov/legis/bills/house/186/ht04pdf/ht04944.pdf">here</a>. See side bar for information on how to find your Representative's phone number. This Bill can come up for a vote at any time today (7/30) or tomorrow (7/31), before the end of the Legislative session. Keep checking this blog to find out when you should contact your Senator.<br />
<br />
Next week please call Rep. Charles Murphy's office (617-722-2990) to thank him. He is the Chairman of the House Ways and Means Committee, who put out this bill and is showing his strong support.fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-6684573761065743042010-07-17T10:01:00.004-04:002010-07-17T11:16:14.337-04:00READ THE BOSTON GLOBE EDITORIAL ASKING THE LEGISLATURE TO AMEND THE INDEPENDENT CONTRACTOR LAW<span style="font-family:arial;">The Boston Globe published an editorial today (Sat., July 17th) calling on the Legislature to amend the Independent Contractor law. Read the editorial </span><a href="http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2010/07/17/amend_law_to_aid_freelancers/"><span style="font-family:arial;">here</span></a><span style="font-family:arial;">. Great job by the Globe, once again. </span><br /><span style="font-family:arial;"></span><br /><span style="font-family:arial;">There is still time to get the current Independent Contractor law changed, but the Legislature has to know that this is an <strong>IMPORTANT</strong> issue. See our July 13th post regarding HB4748. There is talk of changing the HB4748 language to make it broader. <strong>Contact</strong> your Representatives and the House Ways and Means Committee <strong>immediately</strong>, so they will know how many MA residents the current law is affecting. The July 13th post gives the necessary contact information.</span>fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-52393186354814399572010-07-13T20:52:00.003-04:002010-07-13T21:00:43.522-04:00Action Needed on Independent Contractor Bill 4748<p><span style="font-family:arial;">Although there are only a little over 2 weeks left in this year’s legislative session, there is still a chance that <span class="blsp-spelling-error" id="SPELLING_ERROR_0">HB</span>4748 to amend the Independent Contractor law (see June 21st post) will come up for discussion before the House Ways and Means committee and even make it to the floor for a vote. Several of us have been talking to various offices of this committee, and it is clear that at least some of the Reps. want to change the language to make it more encompassing. Our job is to make sure that this bill is on everyone’s radar and to explain to them whether the current bill will work for you or not. H4748 is better than the current law, but it will still severely limit people from being able to legally get work. It allows an exemption only for freelancers who work at home and there are plenty of freelancers who don’t fit this category. You can explain that there must be a bill that can be written that protects workers from being misclassified, while not preventing legitimate freelancers from making a living.<br /><br />Please contact the members of the House Ways and Means Committee. Find their contact information </span><a href="http://www.mass.gov/legis/comm/h34.htm"><span style="font-family:arial;">here</span></a><span style="font-family:arial;">. If at all possible, please try to contact each member, particularly the Chairs, as well as the Speaker of the House Robert <span class="blsp-spelling-error" id="SPELLING_ERROR_1">DeLeo</span>, 617-722-2500, Robert.DeLeo@State.MA.US and as your own Representative (see sidebar for contact information). A phone call or an email will work. Doing both will have even more impact. It is important for each member to know the effect the current legislation has had on you. They will not realize the importance of this bill if they do not hear from many of us.<br /><br />The bottom line is that unless this law is fixed:<br />Massachusetts residents are specifically being unfairly prohibited from earning a living in already tough economic times.<br />Massachusetts is losing out on tax revenue from these earnings.</span></p>fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-33577128318521710242010-06-30T11:24:00.003-04:002010-06-30T11:32:12.843-04:00Listen to or read WBUR story on Independent Contractors<span style="font-family:arial;">WBUR had a great story on the Independent Contractor law today (6/29/2010). Here's a link to the story, which you can either read or listen to:<br /></span><a href="http://www.wbur.org/2010/06/30/independent-contractor-law"><span style="font-family:arial;">http://www.wbur.org/2010/06/30/independent-contractor-law</span></a><span style="font-family:arial;"><br /><br />You can also make a comment on the story if you wish to do so. There was an error when it said that Senator McGee's amendement didn't make it out of committee. It did, and it is now HB4748 as noted in a previous post.</span>fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-79106345809035098832010-06-21T20:53:00.003-04:002010-06-21T21:11:50.719-04:00INDEPENDENT CONTRACTOR STORY ON WGBH<span style="font-family:arial;">In case you missed it, take a look at the Independent Contractor Story <a href="http://www.wgbh.org/programs/programDetail.cfm?programid=11&featureid=16797&rssid=1">here </a></span><span style="font-family:arial;">that aired on WGBH on June 21. Great job by WGBH!</span>fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com1tag:blogger.com,1999:blog-348524631694274863.post-12598764767437276172010-06-21T13:41:00.002-04:002010-06-21T13:52:14.430-04:00UPDATE ON MA INDEPENDENT CONTRACTOR LEGISLATION<span style="font-family:arial;">House Bill 1844, the bill we have been following to change the MA Independent Contractor Law, came out of the Joint Committee on Labor and Workforce Development with a positive reading.<br /><br />The bill, now known as House Bill 4748, has new wording that is exactly the same as Senator McGee’s Amendment 260 to the budget (see the text of the bill <a href="http://www.mass.gov/legis/bills/house/186/ht04pdf/ht04748.pdf">here </a>or refer to our post on June 7). The bill was presented by Rep. Coakley-Rivera (the co-chair of the Labor and Workforce Committee). This bill is now with a new committee, the House Committee on Ways and Means.<br /><br />There are several issues to keep in mind regarding this new legislation:<br /><br />1) The Legislature is busy, with the budget and the casino bill, so it is unclear whether this bill will get any attention before the end of the current session (July 30th). We will keep you posted on what we hear. We urge you to keep calling your representatives to make sure they know this issue is a priority.<br /><br />2) The wording in the new legislation will work for some freelancers, but it will certainly not work for all. We were told that the new language is only a beginning and that the bill can still be amended. Our goal is to continue to talk with the representatives on the House Committee on Way and Means to figure out if we can further revise the current language and if so how.<br /><br />Let us know your feelings on the new language by leaving a comment.<br /><br />More to come . . .<br /></span>fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-50386563533161557052010-06-17T12:07:00.002-04:002010-06-17T12:14:09.347-04:00Independent Contractor Law story to be on Channel 2<span style="font-family:arial;">Watch WGBH, Channel 2 on Monday June 21 at 7 PM to see their story on the Independent Contractor Issue. Hopefully it will move our cause forward.</span>fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-68998035220717006912010-06-16T10:12:00.001-04:002010-06-16T10:15:17.234-04:00<span style="font-family:arial;"><strong>HAVE YOU BEEN DIRECTLY IMPACTED BY THE CURRENT INDEPENDENT CONTRACTOR LEGISLATION?<br /></strong><br />Toni Waterman, a Producer from WGBH, is working on a story about the current Independent Contractor Law. She would like to speak to anyone who has been directly impacted by this law. You can contact Toni by calling her at 617-300-2471 or by emailing her at toni_waterman@wgbh.org. Keep in mind how much the Globe article really helped our cause, and note that this is another avenue for a just solution.</span>fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-76473823293020510082010-06-07T14:54:00.003-04:002010-06-07T23:48:22.561-04:00<strong>STATUS OF INDEPENDENT CONTRACTOR LEGISLATION</strong><br /><strong></strong><br />Another piece of legislation has been filed with the clerk regarding independent contractors. It will replace HB1844, which did come out with a favorable reading. The language of this bill is below. It is the same language as Amendment 260 that was attached to the Senate Budget and was then withdrawn. The bill will get a new Bill Number and will then go to the House Steering, Policy, and Scheduling Committee <u>or</u> the House Ways and Means Committee. As soon as we know which committee it will go to, we will let you know, so you can start contacting the members, as well as your own Senators and Representatives. This legislation has been kept alive due to the calls and letters the legislators have been getting, so keep up the good work. It is not the time to let go of this issue. The hope is that it will be voted on in this legislative session.<br /><div align="left"><br />Please note that the language of the bill will not work for everyone. I was told that this is only the beginning and that the bill can still be amended by the committee that will take it over. </div><div align="left"> </div><div align="left"></div><div align="left">Language of new bill follows:</div><div align="center"><br /><br /><span style="font-family:lucida grande;"><em><strong>The Commonwealth of Massachusetts</strong></em><br /></span>_______________<br /><strong>In the Year Two Thousand and Ten</strong></div><div align="center">_______________</div><div align="center"><br /><em>An Act relative to independent contractors. </em></div><div align="left"></div><div align="left">Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:</div><div align="left"><br />SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after section 147H the following section:-<br /><br />Section 147I. (a) An individual whose work is performed solely in the individual’s place of residence shall be exempt from the requirements of section 148B(a)(2), but not sections 148B (a)(1) and 148B (a)(3), of chapter 149. This section does not apply to individuals who work with or for the individual.</div><div align="left"></div><div align="left"></div><div align="left">(b) The exception provided in paragraph (a) of this section shall not apply to an individual who has been coerced, threatened or intimidated into establishing an independent business nor shall it apply to individuals who telecommute or work remotely from home.</div><div align="left"></div><div align="left"></div><div align="left">(c) Each individual seeking this exemption shall register with the Secretary of State and shall be issued without a fee. The registration shall contain, at a minimum, the following information: name of the individual seeking the exemption, the nature of the independently established business, the address of the residence at which the work is performed and proof that the address listed is the applicant's legal residence. The Secretary of State shall issue regulations necessary to ensure registration under this section. The document shall be typewritten, printed or in such other form as the Secretary of State shall prescribe. The document shall be executed by the individual seeking the exemption. The registration shall be renewed every 3 years.</div>fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com1tag:blogger.com,1999:blog-348524631694274863.post-27216297080945957442010-05-28T19:22:00.001-04:002010-05-28T19:23:01.360-04:00quick updateAs many of you may know or have heard, Senate Budget Amendment 260 was withdrawn last night. What we've been told from Senator McGee's office is that consensus could not be reached.<br />
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However, just because the amendment did not pass as part of the Senate Budget does not mean it's dead. Instead, the Joint Committee on Labor and Workforce redrafted House Bill 1844 today and reported it out favorably. This means that it moves on to another committee before making it to the House floor for a vote before the end of the session in July.<br />
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We do not yet know what the revised language in HB 1844 includes, but we've been told it will incorporate some language from the withdrawn Amendment 260.<br />
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As soon as we know what the new language is and to which committee the amendment is headed next, we will update this space -- likely early next week. At that point, we encourage you to call your representatives frequently to make your voices heard.go ahead, be sarcastichttp://www.blogger.com/profile/17941831324669620286noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-31249143578996761852010-05-24T14:31:00.004-04:002010-05-24T15:11:40.481-04:00CORRECTION REGARDING SENATE DEBATE ON BUDGETCorrection: The Senate will be meeting in caucus on Tuesday, May 25th to discuss the budget and amendments. The public session that you can watch on-line (<a href="http://masslegislature.tv/?l=sen_video">http://masslegislature.tv/?l=sen_video</a>) will begin on Wednesday, May 26th starting at 10AM. It will most likely continue into Thursday and Friday. We are looking for information on when the Independent Contractor amendments might come up for discussion.fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-30875201572355679212010-05-23T21:11:00.003-04:002010-05-23T21:12:52.860-04:00Language of the new amendments<div style="color: black;"><span style="font-size: small;">There are currently three amendments to the Independent Contractor law up for vote as part of the 2011 Budget -- Amendments 200, 207, and 260. You can read them <a href="http://www.mass.gov/legis/11budget/senate/amendments/fy11amendments.htm">here</a> </span><span style="font-size: small;">by clicking on the appropriate number</span><span style="font-size: small;">. </span><span style="font-size: small;">Although Amendments 200 and 207 would be helpful solutions, we feel that their chances of passing are slim. </span><span style="font-size: small;">Amendment 260 is the one that Senator Thomas McGee's office worked to put together and seems to have the greatest chance of passing. <br />
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In a nutshell: Amendment 260 exempts from Prong 2 of the current law those freelancers who work from their place of residence and who register with the Secretary of State. The amendment also includes provisions </span><span style="font-size: small;">to protect</span><span style="font-size: small;"> employees who "may be coerced, threatened or intimidated into establishing an independent business." </span></div><div class="im" style="color: black;"><span style="font-size: small;"><br />
Please take a look at the language in Amendment 260. We believe that this is a small step forward in helping Massachusetts Independent Contractors get back to work. We recognize that this language may still be problematic for some of you -- namely, those of you who do not work in your place of residence. <br />
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</div><div style="color: black;"><span style="font-size: small;">If you agree with the language in Amendment 260, <b>please call your </b></span><b><span style="font-size: small;">State Senators </span></b><span style="font-size: small;"><b>on Monday, May 24th, to ask for their support.</b><br />
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If you do not agree with the language in Amendment 260, we urge you to call Senator Thomas McGee's office (617-<span id="main" style="visibility: visible;"><span id="search" style="visibility: visible;">722-1350) </span></span>and state why the language doesn't work. We don't know whether the language can be changed at this point (before the Senate Session on Tuesday, May 25th), but they should hear from you and understand how the amendment language affects your ability to work. <br />
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Please leave us your comments below so we can gauge your impressions of the language. <br />
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Don't forget to watch the Senate Session live on Tuesday, May 25th <a href="http://masslegislature.tv/?l=sen_video">here</a>. </span></div>go ahead, be sarcastichttp://www.blogger.com/profile/17941831324669620286noreply@blogger.com1tag:blogger.com,1999:blog-348524631694274863.post-26569621688635018682010-05-20T00:12:00.005-04:002010-05-23T10:41:34.274-04:00Update and Call to Action<span style="font-family: Arial; font-size: small;">Senator Thomas McGee and others have been working on language to amend the Independent Contractor Law (M.G.L. Chapter 149, Section 148b). This language attempts to allow Massachusetts Independent Contractors to get back to work while protecting those who were being misclassified. The language will be finalized in the next few days and should be available <span id="goog_1383168596"></span><a href="http://www.mass.gov/legis/11budget/senate/amendments/fy11amendments.htm">here</a><span id="goog_1383168597"></span> by Friday evening. </span><span style="font-family: Arial; font-size: small;">We will put the language on the blog as soon as it becomes available.</span><span style="font-family: Arial; font-size: small;"> </span><br />
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<span style="font-family: Arial; font-size: small;">This language is part of an amendment to the Senate Budget, which will be deliberated on Tuesday, May 25th. You can watch this debate <a href="http://masslegislature.tv/?l=sen_video">online here</a>.</span><br />
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<span style="font-family: Arial; font-size: small;">If you agree with the language, <b>contact your State Senators on Monday to ask them to vote for this amendment</b>! Find out who your state senator is in the sidebar at the right.</span><br />
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<span style="font-family: Arial; font-size: small;">House Bill 1844, by the way, is still alive. A committee report on that bill should be coming out on May 28th. After that, we will have to follow its progress toward a vote.</span>go ahead, be sarcastichttp://www.blogger.com/profile/17941831324669620286noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-74181813371328327392010-04-28T14:51:00.001-04:002010-04-28T16:42:20.789-04:00Attention Western Mass Independent Contractors!A reporter from WFCR/NPR News in Western Mass is looking to talk to you about your experiences with the Independent Contractor Misclassification Law. If you are an independent contractor living and working in Western Mass (or know one) and would like to be a part of a features story, please contact:<br />
<br />
<pre cols="72" style="font-family: inherit;">Jill Kaufman
88.5 WFCR, NPR News and Music for Western New England
(413) 577-0657 (desk)
(413) 545-0103 (news room)
<a href="mailto:jkaufman@wfcr.org" target="_blank">jkaufman@wfcr.org</a></pre>go ahead, be sarcastichttp://www.blogger.com/profile/17941831324669620286noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-57630292580271855092010-04-10T11:35:00.000-04:002010-04-10T11:35:19.962-04:00In case you missed it...... you can read the Globe article <a href="http://www.boston.com/business/articles/2010/04/07/laws_put_squeeze_on_freelancers/?s_campaign=8315">here</a>. <br />
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If you want to order a print version of the newspaper, you can do so <a href="http://pqasb.pqarchiver.com/boston/item.html?pp_date=20100407&author=Katie+Johnston+Chase&doc_title=Laws+put+squeeze+on+freelancers&edition=&pub_page=B.7&pptl=results">here</a>.go ahead, be sarcastichttp://www.blogger.com/profile/17941831324669620286noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-15818465528198099002010-04-06T19:32:00.000-04:002010-04-06T19:32:48.278-04:00Pick up a Boston Globe tomorrow!<b>Pick up a <i>Boston Globe</i> tomorrow, Wednesday, April 7. </b>The Business section will feature a story about the independent contractor law and the people it has affected, by reporter Katie Johnston Chase.<br />
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<b>Even more important -- call your senators and tell them to read the <i>Boston Globe </i>story, too!</b>go ahead, be sarcastichttp://www.blogger.com/profile/17941831324669620286noreply@blogger.com3tag:blogger.com,1999:blog-348524631694274863.post-86699086026834432062010-04-02T14:27:00.004-04:002010-04-02T14:31:12.862-04:00Update & Further Call to Action on the MA Independent Contractor issueAs we reported yesterday, the Senate voted down Amendment #4 in Senate Bill 2345. Below is a blurb from the State House News Service from 4/1/10 describing the discussion:<br /><br />“SENATE REJECTS INDEPENDENT CONTRACTORS AMENDMENT: Senate Democrats on Thursday overwhelmingly rejected a GOP amendment aimed at overhauling a portion of a 2004 law that changed the definition of independent contractors. Senate Republicans said the law has burdened small businesses with new taxes that the GOP says should not apply to independent contractors, such as couriers. Senate Democrats said the 2004 law, part of a construction reform effort drafted by former Sen. Dianne Wilkerson, requires some fixes but argued legislation before the Senate Thursday to streamline economic development agencies was not the proper vehicle. Sen. Thomas McGee vowed to bring interested parties together and bring a solution to the problem to the Senate this session. Sen. Steven Tolman said the 2004 definition had provided important protections to workers and while he acknowledged problems with the law that need to be addressed, he urged the Senate to slow down its consideration of the issue, prompting Sen. Richard Tisei to note the problem has already lingered for six years.”<br /><br />There is another Amendment (see below) attached to the Economic Development Bill. Amendment #5 establishes an appeals board as a fix to the independent contractor issue. However, as it is now written it is highly unlikely that Amendment 53 will solve the problem. See below for the language of Amendment #53 and talking points on this Amendment.<br /><br /><strong>We are asking everyone to AGAIN call their State Senator and the Senate President’s Office (617-722-1500) to ask them NOT to support amendment #53 for Senate Bill 2345, which will NOT fix the problem. We also further urge the Joint Committee for Labor and Workforce Development to work with our community to fix the issues on the independent contractor issue.<br /></strong><br />Use the following link to find your State Senator (on the form it says Senate in the General Court): <a href="http://www.wheredoivotema.com/bal/myelectioninfo.php" target="_blank">http://www.wheredoivotema.com/ /myelectioninfo.php</a>.<br /><br />Please tell as many people as you can to contact the Senate President and their State Senator on this issue. <strong>Your calls really matter and even though amendment #4 didn’t pass your calls let the Senate leaders know they need to fix the issue. </strong>We need to keep “encouraging” them to do so. Thank you.<br /><br />Amendment #53 Language-<br /><br /><em>INDEPENDENT CONTRACTORS<br /></em><br /><em>Mr. Rosenberg moves to amend S2345 by inserting at the end thereof the following new section:-<br /><br />SECTION Chapter 149 of the General Laws is hereby amended by adding after section 148B the following new section:<br /><br />Section 148C. There shall be in the department of labor and workforce development an independent contractor appeals board, hereinafter called the appeals board.<br /><br />The board shall consist of 3 members designated by secretary of labor and workforce development. The secretary of labor and workforce development will select one of the members to serve as chair of the appeals board.<br /><br />Whoever is aggrieved by an interpretation of chapter 149; section 148b by any agency or any person charged with the administration of chapter 149; section 148b may within forty-five days after of notice thereof appeal from such interpretation to the appeals board. Appeals hereunder shall be on forms provided by the appeals board and shall be accompanied by such fee as said appeals board may determine.<br /><br />The chair of the appeals shall public hearings under this section to hear testimony and take evidence. The chair shall fix a convenient time and place for a public hearing before said three members.<br /><br />Decisions on appeal shall require the concurrence of at least two of the three members holding the public hearing and the appeals board shall state in writing its findings of fact, its conclusions, reasons for its decision and indicate the vote of each member of the appeals board upon the decision.<br /><br />Said hearing shall be held not later than thirty days after the filing of such appeal unless such time is extended by agreement with the appellant. The chairman shall give at least ten days notice of the time and place of said hearing to all interested parties. Any such party may appear in person at such hearing. The appeals board shall issue a decision or order reversing or affirming or within thirty days after such hearing, unless such time is extended by agreement with the appellant.<br /><br />A copy of such order or decision of the appeals board shall be sent forthwith by certified mail to all interested parties.<br /><br />The appeals board may establish a local board of appeals in a city or town or a regional board of appeal for more than two or more cities or towns consisting of three members. Such local or regional board of appeals may have the same powers and duties relative to appeals as the independent contractor appeals board. A copy of any decision by a local board of appeal shall be transmitted to the board within ten days after the rendering of such decision.<br /><br /></em>Talking points on Amendment #53<br /><br />1) No company from out of state or internationally will file an appeal - instead they just will continue to not hire our freelancers here in MA. There have been hundreds of people negatively impacted by this law. <br /><br />2) This appeal process will not be able to address/handle all these people or industry sectors in a timely or efficient fashion. Think about how many writers, photographers, illustrators, web designers, graphic designers, etc. have been impacted by this law in our state.<br /><br />3) Other state agencies, such as the Massachusetts Cultural Council, would need to be able to pick people to serve on the appeals board to ensure the sectors impacted and their issues are understood by any appeals board.<br /><br />4) There is a deep concern about the fee to file appeal forms, as it is not defined and any amount could be cost prohibitive for individuals and for small businesses. There should not be a fee for filing an appeal.fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com0tag:blogger.com,1999:blog-348524631694274863.post-4600208515166909772010-04-01T15:34:00.005-04:002010-04-01T16:21:41.452-04:00Amendment attached to Economic Development bill defeated<span style="font-family: arial;">The Amendment (#4) to the Senate Economic Development bill (S.2345) was just defeated. All is not lost however, as several of the Senators strongly voiced their opinion that something needs to be done about this issue <b>in this Legislative session</b>. </span><br />
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<span style="font-family: arial;">Senator McGee, who is co-chair of the Labor and Workforce Development Committee, the committee that heard the testimony on House Bill 1844, indicated that this is an issue that must be addressed and is working to put groups together to find a solution. </span><br />
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<span style="font-family: arial;">We will continue the fight for our jobs.</span>fandfhttp://www.blogger.com/profile/06826059630140643024noreply@blogger.com0