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 It is the same language as Amendment 260 that was attached to the Senate Budget and was then withdrawn.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.

Language of new bill follows:

The Commonwealth of Massachusetts
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In the Year Two Thousand and Ten

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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.