In 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.
To Contact the Governor:
Phone: 617.725.4005 or 888.870.7770 (in state)
Fax: 617.727.9725
To contact the Senate President Therese Murray:
Phone: 617-722-1500
Email: Therese.Murray@state.ma.us"
To contact the Speaker of the House Robert A. DeLeo:
Phone: 617-722-2500
Email: Robert.DeLeo@state.ma.us
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.
To watch them on your computer:
Senate: http://masslegislature.tv/?l=sen_video
House: http://masslegislature.tv/?l=hse_video
The following is Information on S678 amendment by Senator McGee:
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.
The new language (and the above info is from http://www.mass.gov/legis/senate/calendar.htm SECTION[S. 678]
Bill relative to uniform wage compliance and recordkeeping (Senate, No. 678). [Question on engrossment.] [McGee.] 147I INDEPENDENT CONTRACTORS
[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:-
“SECTION 1A. Chapter 149 of the General Laws is hereby amended by inserting after section 147H the following section:-
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
(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.
(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.
(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.”
Friday, July 30, 2010
URGENT: CALL YOUR REP. TO SUPPORT HB4944
We are in the home stretch. Call your Representative immediately to support House Bill 4944 or any other bill that incorporates the language of this bill. See the text here. 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.
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.
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.
Saturday, July 17, 2010
READ THE BOSTON GLOBE EDITORIAL ASKING THE LEGISLATURE TO AMEND THE INDEPENDENT CONTRACTOR LAW
The Boston Globe published an editorial today (Sat., July 17th) calling on the Legislature to amend the Independent Contractor law. Read the editorial here. Great job by the Globe, once again.
There is still time to get the current Independent Contractor law changed, but the Legislature has to know that this is an IMPORTANT issue. See our July 13th post regarding HB4748. There is talk of changing the HB4748 language to make it broader. Contact your Representatives and the House Ways and Means Committee immediately, so they will know how many MA residents the current law is affecting. The July 13th post gives the necessary contact information.
There is still time to get the current Independent Contractor law changed, but the Legislature has to know that this is an IMPORTANT issue. See our July 13th post regarding HB4748. There is talk of changing the HB4748 language to make it broader. Contact your Representatives and the House Ways and Means Committee immediately, so they will know how many MA residents the current law is affecting. The July 13th post gives the necessary contact information.
Tuesday, July 13, 2010
Action Needed on Independent Contractor Bill 4748
Although there are only a little over 2 weeks left in this year’s legislative session, there is still a chance that HB4748 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.
Please contact the members of the House Ways and Means Committee. Find their contact information here. If at all possible, please try to contact each member, particularly the Chairs, as well as the Speaker of the House Robert DeLeo, 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.
The bottom line is that unless this law is fixed:
Massachusetts residents are specifically being unfairly prohibited from earning a living in already tough economic times.
Massachusetts is losing out on tax revenue from these earnings.
Wednesday, June 30, 2010
Listen to or read WBUR story on Independent Contractors
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:
http://www.wbur.org/2010/06/30/independent-contractor-law
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.
http://www.wbur.org/2010/06/30/independent-contractor-law
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.
Monday, June 21, 2010
INDEPENDENT CONTRACTOR STORY ON WGBH
In case you missed it, take a look at the Independent Contractor Story here that aired on WGBH on June 21. Great job by WGBH!
UPDATE ON MA INDEPENDENT CONTRACTOR LEGISLATION
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.
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 here 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.
There are several issues to keep in mind regarding this new legislation:
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.
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.
Let us know your feelings on the new language by leaving a comment.
More to come . . .
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 here 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.
There are several issues to keep in mind regarding this new legislation:
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.
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.
Let us know your feelings on the new language by leaving a comment.
More to come . . .
Thursday, June 17, 2010
Independent Contractor Law story to be on Channel 2
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.
Wednesday, June 16, 2010
HAVE YOU BEEN DIRECTLY IMPACTED BY THE CURRENT INDEPENDENT CONTRACTOR LEGISLATION?
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.
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.
Monday, June 7, 2010
STATUS OF INDEPENDENT CONTRACTOR LEGISLATION
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 or 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.
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.
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Ten
An Act relative to independent contractors.
SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after section 147H the following section:-
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.
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 or 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.
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.
Language of new bill follows:
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Ten
_______________
An Act relative to independent contractors.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after section 147H the following section:-
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.
(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.
(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.
Friday, May 28, 2010
quick update
As 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.
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.
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.
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.
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.
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.
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.
Monday, May 24, 2010
CORRECTION REGARDING SENATE DEBATE ON BUDGET
Correction: 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 (http://masslegislature.tv/?l=sen_video) 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.
Sunday, May 23, 2010
Language of the new amendments
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 here by clicking on the appropriate number. Although Amendments 200 and 207 would be helpful solutions, we feel that their chances of passing are slim. Amendment 260 is the one that Senator Thomas McGee's office worked to put together and seems to have the greatest chance of passing.
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 to protect employees who "may be coerced, threatened or intimidated into establishing an independent business."
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 to protect employees who "may be coerced, threatened or intimidated into establishing an independent business."
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.
If you agree with the language in Amendment 260, please call your State Senators on Monday, May 24th, to ask for their support.
If you do not agree with the language in Amendment 260, we urge you to call Senator Thomas McGee's office (617-722-1350) 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.
Please leave us your comments below so we can gauge your impressions of the language.
Don't forget to watch the Senate Session live on Tuesday, May 25th here.
If you do not agree with the language in Amendment 260, we urge you to call Senator Thomas McGee's office (617-722-1350) 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.
Please leave us your comments below so we can gauge your impressions of the language.
Don't forget to watch the Senate Session live on Tuesday, May 25th here.
Thursday, May 20, 2010
Update and Call to Action
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 here by Friday evening. We will put the language on the blog as soon as it becomes available.
This language is part of an amendment to the Senate Budget, which will be deliberated on Tuesday, May 25th. You can watch this debate online here.
If you agree with the language, contact your State Senators on Monday to ask them to vote for this amendment! Find out who your state senator is in the sidebar at the right.
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.
This language is part of an amendment to the Senate Budget, which will be deliberated on Tuesday, May 25th. You can watch this debate online here.
If you agree with the language, contact your State Senators on Monday to ask them to vote for this amendment! Find out who your state senator is in the sidebar at the right.
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.
Wednesday, April 28, 2010
Attention 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:
Jill Kaufman 88.5 WFCR, NPR News and Music for Western New England (413) 577-0657 (desk) (413) 545-0103 (news room) jkaufman@wfcr.org
Saturday, April 10, 2010
In case you missed it...
Tuesday, April 6, 2010
Pick up a Boston Globe tomorrow!
Pick up a Boston Globe tomorrow, Wednesday, April 7. The Business section will feature a story about the independent contractor law and the people it has affected, by reporter Katie Johnston Chase.
Even more important -- call your senators and tell them to read the Boston Globe story, too!
Even more important -- call your senators and tell them to read the Boston Globe story, too!
Friday, April 2, 2010
Update & Further Call to Action on the MA Independent Contractor issue
As 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:
“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.”
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.
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.
Use the following link to find your State Senator (on the form it says Senate in the General Court): http://www.wheredoivotema.com/ /myelectioninfo.php.
Please tell as many people as you can to contact the Senate President and their State Senator on this issue. 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. We need to keep “encouraging” them to do so. Thank you.
Amendment #53 Language-
INDEPENDENT CONTRACTORS
Mr. Rosenberg moves to amend S2345 by inserting at the end thereof the following new section:-
SECTION Chapter 149 of the General Laws is hereby amended by adding after section 148B the following new section:
Section 148C. There shall be in the department of labor and workforce development an independent contractor appeals board, hereinafter called the appeals board.
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.
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.
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.
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.
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.
A copy of such order or decision of the appeals board shall be sent forthwith by certified mail to all interested parties.
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.
Talking points on Amendment #53
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.
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.
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.
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.
“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.”
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.
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.
Use the following link to find your State Senator (on the form it says Senate in the General Court): http://www.wheredoivotema.com/ /myelectioninfo.php.
Please tell as many people as you can to contact the Senate President and their State Senator on this issue. 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. We need to keep “encouraging” them to do so. Thank you.
Amendment #53 Language-
INDEPENDENT CONTRACTORS
Mr. Rosenberg moves to amend S2345 by inserting at the end thereof the following new section:-
SECTION Chapter 149 of the General Laws is hereby amended by adding after section 148B the following new section:
Section 148C. There shall be in the department of labor and workforce development an independent contractor appeals board, hereinafter called the appeals board.
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.
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.
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.
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.
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.
A copy of such order or decision of the appeals board shall be sent forthwith by certified mail to all interested parties.
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.
Talking points on Amendment #53
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.
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.
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.
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.
Thursday, April 1, 2010
Amendment attached to Economic Development bill defeated
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 in this Legislative session.
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.
We will continue the fight for our jobs.
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.
We will continue the fight for our jobs.
Tuesday, March 30, 2010
SENATE TO DEBATE ECONOMIC DEVELOPMENT BILL WHICH CONTAINS AN INDEPENDENT CONTRACTOR CHANGE
PLEASE TAKE IMMEDIATE ACTION
The language from HB.1844 - An Act Relative to Independent Contractors has been added as an amendment to the Senate Economic Development Bill S. 2345. It will be debated this Thursday, April 1st. Call your State Senator and Senate President Therese Murray (617-722-1500) to support the Independent Contractor Law Amendment in the Economic Development Bill (Amendment #4). To find your State Senator go to http://www.mass.gov/legis/memmenus.htm.
Following is the language in Amendment 4:
Messrs. Tisei, Tarr, Knapik and Hedlund move to amend the bill (Senate, No. 2345) by inserting at the end thereof the following:
“SECTION X. Section 148B of chapter 149 of the Massachusetts General Laws, as amended by section 26 of chapter 193 of the acts of 2004, is hereby amended by striking out paragraph (a) and inserting in place the following new paragraph: -
(a) For the purpose of this chapter and chapter 151, an individual performing any service, except as authorized under this chapter, shall be considered to be an employee under those chapters unless:-
(1) the individual is free from control and direction in connection with the performance of theservice, both under his contract for the performance of service and in fact; and
(2) the service is performed outside the usual course of the business of the employer; or,
(3) the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.”
If you would like to read the bill for debate in its entirety, here is the link:
http://www.mass.gov/legis/bills/senate/186/st02pdf/st02345.pdf
The link for the amendments that will also be debated during the Senate’s consideration of the primary bill S.2345 is: http://www.mass.gov/legis/senate/s2345_amendments.htm. These amendments include the change to the Independent Contractor law (Amendment #4).
Note that House Bill 1844 is still alive in another committee. The exact language used in 1844 is covered in the amendment above. It is another way to get this legislation passed.
Please tell as many people as you can to contact the Senate President and their State Senator urging them to support Amendment #4 for S 2345. Your phone calls really matter!
The language from HB.1844 - An Act Relative to Independent Contractors has been added as an amendment to the Senate Economic Development Bill S. 2345. It will be debated this Thursday, April 1st. Call your State Senator and Senate President Therese Murray (617-722-1500) to support the Independent Contractor Law Amendment in the Economic Development Bill (Amendment #4). To find your State Senator go to http://www.mass.gov/legis/memmenus.htm.
Following is the language in Amendment 4:
Messrs. Tisei, Tarr, Knapik and Hedlund move to amend the bill (Senate, No. 2345) by inserting at the end thereof the following:
“SECTION X. Section 148B of chapter 149 of the Massachusetts General Laws, as amended by section 26 of chapter 193 of the acts of 2004, is hereby amended by striking out paragraph (a) and inserting in place the following new paragraph: -
(a) For the purpose of this chapter and chapter 151, an individual performing any service, except as authorized under this chapter, shall be considered to be an employee under those chapters unless:-
(1) the individual is free from control and direction in connection with the performance of theservice, both under his contract for the performance of service and in fact; and
(2) the service is performed outside the usual course of the business of the employer; or,
(3) the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.”
If you would like to read the bill for debate in its entirety, here is the link:
http://www.mass.gov/legis/bills/senate/186/st02pdf/st02345.pdf
The link for the amendments that will also be debated during the Senate’s consideration of the primary bill S.2345 is: http://www.mass.gov/legis/senate/s2345_amendments.htm. These amendments include the change to the Independent Contractor law (Amendment #4).
Note that House Bill 1844 is still alive in another committee. The exact language used in 1844 is covered in the amendment above. It is another way to get this legislation passed.
Please tell as many people as you can to contact the Senate President and their State Senator urging them to support Amendment #4 for S 2345. Your phone calls really matter!
Friday, March 19, 2010
Update on Committee Decision and Globe Article
Busy week! Here's an update for you:
Per the Committee office, they have officially asked for an extension to this bill. They have asked for 45 days but will probably get less time. The extension has to be approved by the House and Senate but will be done in an informal session. The reason is that the committee can't make a decision and is considering whether to make changes to the language of the bill.
This has turned out to be a hot topic, and the committee's received the most calls ever on this bill. You can call the House side of the committee at (617) 722-2014 and the Senate side of the committee at (617) 722-1350). Even better, reach out to your Representatives and Senators! Use the link at right to find out who your representatives are. The more they hear from us, the less likely they are to ignore the issue!
There is a Boston Globe article in the works about this law and the people it's affected. When we know its publication date (very soon), we will inform you. Continue to watch this space for more news!
Monday, March 15, 2010
Update
The Legislative committee has asked for more time to report out on this bill. This doesn't mean that they will get more time. If they do get the time, it should still be reported out fairly soon. I will keep checking on it.
The Globe article is still in process. Again this should come out soon as well.
The Globe article is still in process. Again this should come out soon as well.
Thursday, February 18, 2010
Other States, Too?
It looks like other states are following suit regarding independent contractor misclassification. You can read about it here:
U.S. Cracks Down on Contractors as Tax Dodge
This makes it that much more important that Massachusetts gets it right first so it can be a model for other states. We can start the trend by protecting workers that are being misclassified in addition to protecting the rights of individuals who want to work as independent contractors.
Contact your representatives today!
Special thanks to a fellow freelancer, Jason, for bringing this article to our attention!
U.S. Cracks Down on Contractors as Tax Dodge
This makes it that much more important that Massachusetts gets it right first so it can be a model for other states. We can start the trend by protecting workers that are being misclassified in addition to protecting the rights of individuals who want to work as independent contractors.
Contact your representatives today!
Special thanks to a fellow freelancer, Jason, for bringing this article to our attention!
Friday, February 12, 2010
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Legislative update
Since the Jan. 27th committee hearing on the bills to amend this law, I have spoken with the office of the Committee on Labor and Work Force Development to find out about the progress of House Bill 1844 and Senate Bill 670. They don't know when they will meet on these bills, because there are many bills they are deciding on. However all bills need to be reported out by March 17. I will keep calling to follow up on this.
The report can be: Favorable but it then might go to a steering committee to decide what to do next, Ought to Pass, or Study. I assume there is a less favorable report, but they didn't mention that. One of the people I spoke with sounded quite positive, saying that we had the most people testifying for a bill that was heard by this committee. They suggested that we all contact the Speaker's office, Governor's office, and our Representativess and Senators. I assume this contact should wait until after the committee reports out.
If you know of anyone who still might want to provide written testimony, the committee is still taking this testimony. Since they couldn't tell me when they will confer on the bills, this testimony should be sent very soon. Testimony that arrives after they confer on this is put in a file for the future (whatever that means). Send the testimony to Ryan.Whalen@state.ma.us.
We will keep you up to date with any progress with these bills. Keep checking this blog for this information.
The report can be: Favorable but it then might go to a steering committee to decide what to do next, Ought to Pass, or Study. I assume there is a less favorable report, but they didn't mention that. One of the people I spoke with sounded quite positive, saying that we had the most people testifying for a bill that was heard by this committee. They suggested that we all contact the Speaker's office, Governor's office, and our Representativess and Senators. I assume this contact should wait until after the committee reports out.
If you know of anyone who still might want to provide written testimony, the committee is still taking this testimony. Since they couldn't tell me when they will confer on the bills, this testimony should be sent very soon. Testimony that arrives after they confer on this is put in a file for the future (whatever that means). Send the testimony to Ryan.Whalen@state.ma.us.
We will keep you up to date with any progress with these bills. Keep checking this blog for this information.
Thursday, February 11, 2010
You're in the right place
Welcome!
If you've recently lost work because of the Massachusetts Independent Contractor Misclassification Law, this blog is for you. Get started by visiting the "Start Here" sidebar and clicking the links. As we have news, we'll post here, so check back often!
If you've recently lost work because of the Massachusetts Independent Contractor Misclassification Law, this blog is for you. Get started by visiting the "Start Here" sidebar and clicking the links. As we have news, we'll post here, so check back often!
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