Arkansas House Bill 1324 & 1325
Connecticut Senate Bill 678
Florida Senate Bill 582
This legislation provides a definition for an independent contractor for local business tax purposes. In this proposed legislation, an independent contractor must meet at least four of the following criteria: (1) maintains a separate business, (2) holds or has applied for a federal employer identification number (unless the individual is a sole proprietor), (3) receives compensation for services rendered and such compensation is paid to a business rather than an individual, (4) holds at least one bank account in the same of the business entity, (5) is able to perform work for any entity, or (6) receives compensation for services rendered on a competitive bid basis or completion of a task as defined by a contractual agreement. If four of the criteria are no met, an individual may still be presumed to be an independent contractor if the following are met: (1) The independent contractor controls the means of performing the services, (2) the independent contractor incurs the principal expenses, (3) the independent contractor is responsible for the satisfactory completion of the work, (4) the independent contractor receives compensation for work performed, (5) the independent contractor may realize a profit or suffer a loss, (6) the independent contractor has continuing business liabilities, and (7) the success or failure of the independent contractor’s business depends on the relationship of business receipts to expenditures. Status: On January 25, the bill was filed in the Senate.
Kansas House Bill 2131
Kansas Senate Bill 157
Maryland House Bill 589
Nevada Senate Bill 147
New York Assembly Bill 1073
New Hampshire House Bill 420
New York Assembly Bill 2274
This legislation establishes a review processes for the Departments of Revenue and Employment based on finding that workers are employees and not independent contractors. The legislation requires the Interagency Compliance Network to work together to share information and increase compliance efforts. Several of the agencies within this network include the Departments of Revenue and Employment, as well as the Bureau of Labor and Industries. Status: On January 21, the bill was introduced and referred to the House Committee on Business and Labor.
Texas House Bill 1358
Washington State Senate Bill 5599
Sponsored by Senator Jeanne Kohl-Welles (D – Majority)
This legislation pertains to the misclassification of independent contractors in the construction industry. An independent contractor is found to be in violation if he/she engages three or more subcontractors to all work on the same task at a single job site. An independent contractor has the burden of proof to show that all subcontractors are not working on the same tasks at a single job site. Status: On January 31, the bill was introduced and referred to the Senate Committee on Labor, Commerce, and Consumer Protection. On February 21, a public hearing was held and the bill was reported favorably out of committee. The bill was then moved to the Senate Rules Committee.