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
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:
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.
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