2011 Employee Misclassification Legislation

Legislation regarding employee misclassification or the use of independent contractors was introduced in 30 states and the District of Columbia during the 2011 legislative session. Fifteen states passed laws.  Of particular note, California passed a law prohibiting willful misclassification of employees as independent contractors and requiring notification of violations to state licensing authorities.  Connecticut passed a bill requiring a plan for better investigation and enforcement of employment status laws.  Connecticut, Maine, Montana, Nebraska and Oregon all passed laws addressing the use of independent contractors in specific industries.  Virginia set up a study commission on the issue of employee misclassification.

Summary of Enacted Legislation

California passed a law prohibiting willful misclassification of employees as independent contractors and would also require notification of state licensing authorities for violations.

Connecticut passed two bills during the 2011 legislative session.  The first requires the state Labor Commissioner to develop a plan to consolidate and promote efficiency of the department’s investigative and enforcement provisions.  The second addressed employer status of companies providing in-home care services.

Florida passed a law defining independent contractor for tax purposes.

Indiana passed a worker’s compensation bill that includes an exemption for independent contractors.

Kansas passed a law prohibiting misclassification of employees as independent contractors in order to avoid required employment tax obligations.

Maine passed five laws related to employee misclassification.  Two bills clarified the employment status of private investigators and tattoo artists.  A third established criteria for determining the status of couriers and delivery drivers.  The fourth and fifth bills addressed employment classification as it relates to unemployment insurance and workers compensation coverage.  Also, the governor issued an Executive Order abolishing the state employee misclassification task force.

Montana passed four bills, including excluding independent contractors from the definition of employee for purposes of payment of tax obligations and under the human rights law.  Two other bills addressed the use of independent contractors in agricultural work and requires corporate officers to be covered under workers compensation insurance unless they receive an independent contractor exemption.

Nebraska passed a law exempting direct sellers, paper delivery workers and AmeriCorps volunteers from the definition of employment.

Nevada passed three bills, two of which were vetoed by the governor.  The vetoed bills included the creation of an employee misclassification task force and imposing an administrative penalty on employers who misclassify employees.  The governor signed a bill exempting independent contractors from overtime requirements.

Oklahoma passed a law providing for workplace drug testing of employees and independent contractors.

Oregon passed a law requiring workers compensation coverage for independent contractors working in landscaping businesses.

Rhode Island passed a law requiring contractors and subcontractors to keep logs of workers who work on public works projects.

Utah passed a law renaming the state employee misclassification Council and addressing the duties of the Council.

Virginia passed two bills during the 2011 legislative session.  The first requires public works contractors to use E-Verify for employees and independent contractors.  The second requires the Dept. of Labor and Industry to study the issue of employee misclassification.

Wisconsin passed a law prohibiting motor carrier contracts from including provisions providing liability coverage or indemnity to its employees or independent contractors.

2011 Employee Misclassification Legislation

 A-C | D-H | I-L | M | N | O-R | S-U | V-W
STATES
BILL SUMMARY
Alabama
 
Alaska
 
Arizona
 
Arkansas

AR H 1324 Nickels (D)
Title: Employee Classification Act
Status: Failed - Adjourned
Summary: Creates the Employee Classification Act; addresses the practice of misclassifying employees as independent contractors for purposes of unemployment insurance.
02/07/2011 Introduced.
02/07/2011 To House Committee on Public Health, Welfare and Labor.

AR H 1325 Nickels (D)
Title: Employee Classification Act
Status: Failed - Adjourned
Summary: Creates the Employee Classification Act; addresses the practice of misclassifying employees as independent contractors for purposes of worker's compensation; indirectly amends the workers' compensation law enacted by initiated act 4 of 1948.
02/07/2011 Introduced.
02/07/2011 To House Committee on Public Health, Welfare and Labor.

AR H 1839 Nickels (D)
Title: Interagency Agreements
Status: Failed - Adjourned
Summary: Authorizes interagency agreements to address the problem of misclassifying employees as independent contractors; amends the workers' compensation law that was enacted by initiated Act 4 of 1948.
03/16/2011 Passed House. To Senate.
03/16/2011 To Senate Committee on Public Health, Welfare and Labor.

AR H 2133 Powers (D)
Title: Independent Contractor Trucking Company
Status: Failed - Adjourned
Summary: Defines the relationship of an independent contractor with a trucking company that he or she may have a lease agreement; ensures that the independent contractor has access to workers' compensation coverage if so desired.
03/07/2011 Introduced.
03/07/2011 To House Committee on Public Health, Welfare and Labor.

California

CA A 950 Perez J (D)
Title: Employment: Drayage Truck Operators
Status: Pending - Carryover
Summary: Deems drayage truck operators as employees of those persons who arrange for or engage their services, with the exception of public agency employers.
06/02/2011 In Assembly. From third reading. To Inactive File.

CA S 459 Corbett (D)
Title: Employment: Independent Contractors
Status: Enacted
Summary: Prohibits willful misclassification of individuals as independent contractors, charging those who have been mischaracterized as independent contractors a fee, or making deductions from wages where the acts would have violated the law if the individuals had not been mischaracterized. Provides for damages and disciplinary actions on persons and employers. Requires violator notification to the Contractor's License Board. Relates to complaints. Provides for joint and several liability in certain situations.
10/09/2011 Chaptered by Secretary of State. Chapter No. 706.

Colorado
 
Connecticut

CT H 6370 Joint Committee on Labor and Public Employees
Title: Labor Department Responsibilities
Status: Enacted 05/24/2011.
Summary: Requires the Labor Commissioner to submit a plan to consolidate and promote efficiency of its investigative and enforcement provisions; requires the plan to include recommendations concerning enforcement of wage and hour standards, employee classification, licensing and apprenticeship requirements, unemployment compensation and workers' compensation, and safety and health standards.
05/24/2011 Signed by Governor.
05/24/2011 Special Act No. 11-4

CT S 678 Musto (D)
Title: Definition of Independent Contractor
Status: Failed
Summary: Clarifies the definition of independent contractor; clarifies the rule regarding when a person is an independent contractor or subcontractor as opposed to an employee.
03/15/2011 Failed Joint Favorable deadline.

CT S 911 Joint Committee on General Law
Title: Homemaker Services and Homemaker Companion Agencies
Status: Enacted
Summary: Allows the Commissioner of Consumer Protection to revoke, suspend or refuse to issue or renew a certificate of registration as a homemaker-companion agency, place an agency on probation or to issue a letter of reprimand; provides a registry that places an individual with a consumer to provide homemaker or companion services as an independent contractor that will provide each consumer with a notice, to be signed by the consumer, of legal liabilities of such registry.
07/13/2011 Public Act No. 11-230.

Delaware
DE H 222 Jaques (D)
Title: Workplace Fraud Act
Status: Pending - Carryover
Summary: Requires that the Department of Labor publish the names of employers who have violated the Workplace Fraud Act by misclassifying an employee as an independent contractor or otherwise; provides that publication will be via the internet.
06/28/2011 To House Committee on Labor.
06/28/2011 Withdrawn from House Committee on Labor.
06/30/2011 Reassigned to House Committee on House Administration.
District of Columbia
DC B 169 Mendelson (D)
Title: Workplace Fraud Amendment
Status: Pending
Summary: (Permanent Law) Provides for a penalty for an employer who misclassifies an employee as an independent contractor; allows the employee to seek up to treble damages for lost wages and benefits; requires an employer to pay restitution, be subject to a stop-work order or debarment, and come into compliance under the law; requires the employer to provide notice to each employee of their status as an independent contractor and the implications of such status, and to maintain records of independent contractors.
03/15/2011 Introduced.
03/15/2011 To Council Committee on Housing and Workforce Development.
Florida
FL H 187 Horner (R)
Title: One Stop Business Connect Act
Status: Failed
Summary: Relates to issuance of licenses, certifications, registrations; creates Florida's One-Stop Business Connect Act; requires Governor to establish One-Stop Business Workgroup; provides for membership of workgroup; authorizes workgroup to consult with other agencies and use consultants; provides duties of workgroup; requires that workgroup submit plan for establishing business licensing portal to Governor and Legislature by specified date.
05/07/2011 In Senate. Indefinitely postponed and withdrawn from consideration.
05/07/2011 In Senate. Died in Messages.

FL H 311 Roberson K (R)
Title: Local Business Taxes
Status: Enacted
Summary: Relates to local business taxes; provides a definition for the term independent contractor; exempts an individual engaging in or managing a business in an individual capacity as an employee from requirements related to local business taxes; specifies that an independent contractor is not employee; prohibits local governing authority from holding an exempt employee liable for the failure of principal or employer to comply with certain obligations related to local business tax.
05/31/2011 Filed as Chapter No. 2011-78.

Georgia
GA H 479 Dempsey (R)
Title: Private Home Care Providers
Status: Pending - Carryover
Summary: Relates to private home care providers, so as to revise the definition of private home care provider to exclude from the definition contractual arrangements with independent contractors; changes certain provisions concerning certain employees; revises exempt services; provides for related matters; repeals conflicting laws.
03/07/2011 Introduced.
03/07/2011 To House Committee on Health and Human Services.

GA S 196 Seabaugh (R)
Title: Private Home Care Providers
Status: Pending - Carryover
Summary: Relates to private home care providers, so as to revise the definition of private home care provider to exclude from the definition contractual arrangements with independent contractors; changes certain provisions concerning certain employees; revises exempt services; provides for related matters; repeals conflicting laws.
03/03/2011 To Senate Committee on Health and Human Services.

Guam
 
Hawaii
 
Idaho
 
Illinois
IL S 1851 Forby (D)
Title: Employee Classification Act
Status: Pending
Summary: Amends the Employee Classification Act; provides that the term employment does not include services performed by an individual as an operator of a truck, truck-tractor, or tractor if certain specified conditions are met; provides that an individual performing services for a contractor is deemed to be an employee of the employer, unless the contractor is a truck owner-operator as defined in the Act.
03/18/2011 Rereferred to Senate Committee on Assignments.
Indiana
IN S 164 Mrvan (D)
Title: False Statements to State Agencies
Status: Failed - Adjourned
Summary: Relates to false statements to state agencies; provides that an employee who knowingly or intentionally makes a false statement of independent contractor status to the Department of State Revenue commits a Class D felony; provides that an employer or employee shall not classify an employee as an independent contractor for the sole or primary purpose of avoiding the worker's compensation law; provides that a violation is a Class A infraction; makes technical corrections.
01/05/2011 Introduced.
01/05/2011 To Senate Committee on Pensions and Labor.

IN S 576 Boots (R)
Title: Workers Compensation
Status: Enacted 05/12/2011.
Summary: Relates to worker's compensation to include the Workers' Compensation Board member qualifications, the time frame for a health care provider to file a claim adjustment for payment; a schedule of fees and charges, employer civil penalties for not providing information regarding temporary disability, claim resolution arbitration, the processing requirements for claims, employer proof of workers' compensation insurance, and an independent contractors' exemption.
05/12/2011 Public Law No. 168-2011.

Iowa
IA H 551 Hunter (D)
Title: Department of Workforce Development
Status: Pending - Carryover
Summary: Provides that if the Department of Workforce Development finds that an employer willfully failed to pay any contribution for state unemployment compensation with intent to defraud the department, and that the failure to pay by the employer involved the misclassification of an employee's wages on a federal 1099 record, for any subsequent finding by the department of such a failure to pay by that employer involving the misclassification of an employee's wages on a federal 1099 record.
03/09/2011 In House Committee on Labor.
Kansas
KS H 2131 House Commerce and Economic Development Committee
Title: Employee Misclassification
Status: Pending - Carryover
Summary: Concerns employment; relates to misclassification of employees.
02/03/2011 To House Committee on Commerce and Labor.

KS H 2135 House Commerce and Economic Development Committee
Title: Employee Misclassification for Tax Avoidance
Status: Enacted 08/10/2011.
Summary: Prohibits to misclassification of employees to avoid tax withholding; relates to contributions and reporting requirements; provides for civil penalties and prosecution for criminal violations; provides for taxpayer information of persons suspected of violations for purposes of determining compliance; provides that such information shall include withholding tax and payroll information; provides for investigations and confidentiality.
08/10/2011 Chapter No. 2011-81

KS S 157 Senate Commerce Committee
Title: Employee Misclassification
Status: Pending - Carryover
Summary: Concerns the enforcement of employee misclassification by the attorney general.
03/02/2011 Withdrawn from Senate Committee on Ways and Means.
03/02/2011 To Senate Committee on Commerce.

Kentucky
 
Louisiana
 
Maine

ME H 960 Tilton (R)
Title: Independent Contractor Definition
Status: Pending - Carryover
Summary: Standardizes the definition of "independent contractor" for employment security law and workers' compensation law; considers who directs or controls the means and manner of providing the contracted services; furnishes the tools and equipment necessary to provide the services; relates to whether the business is considered inseparable from the individual for purposes of taxes, profits and liabilities; who exercises control over the management and operations of the business.
06/29/2011 125th Legislature -- First Regular Session Adjourned - 06/29/11 - Carried Over to Next Session.

ME H 1064 Russell (D)
Title: Wage Law Enforcement
Status: Failed
Summary: Defines "employee," "employer" and "independent contractor" for the purposes of the wages and medium of payment provisions of the labor laws in order to prevent misclassification of employees and their exclusion from wage law protection. It strengthens notification and reporting requirements. The bill includes shareholders' liability to protect employees who are hired by corporations that use bankruptcy law to evade payment.
05/11/2011 House adopts Majority Committee Report: Ought not to pass.
05/11/2011 Senate adopts Majority Committee Report: Ought not to pass.

ME LR 512 Senator Thomas
Title: Independent Contractor Status
Status: Failed - Adjourned
Summary: Clarifies the status of independent contractors.
01/13/2011 Filed.

ME LR 804 Tilton (R)
Title: Independent Contractor Definition
Status: Failed - Adjourned
Summary: Standardizes the definition of independent contractor.
03/25/2011 Assigned House Paper number 960 and LD 1314

ME LR 955 Senator Thomas
Title: Private Investigator Status
Status: Failed - Adjourned
Summary: Relates to the status of a private investigator as an independent contractor.
02/03/2011 Assigned Senate Paper number 95 and LD 315

ME LR 1409 Senator Thomas
Title: Independent Trucking Contractors
Status: Failed - Adjourned
Summary: Concerns independent contractors in the trucking and messenger courier industries.
03/14/2011 Assigned Senate Paper number 332 and LD 1099

ME S 95 Thomas D (R)
Title: Independent Contractors and Private Investigators
Status: Enacted 05/09/2011.
Summary: Relates to independent contractors; excepts a private investigator from the definition of employment in the Employment Security Law if there is a written contract between the parties, the private investigator operates independently, compensation for services is negotiated and the party requesting services furnishes neither equipment nor the place of employment to the private investigator.
04/28/2011 Eligible for Governor’s desk.
05/09/2011 Signed by Governor.
05/09/2011 Public Law No. 2011-66

ME S 193 Diamond (D)
Title: Employment Security and Tattoo Artists
Status: Enacted
Summary: Excludes licensed tattoo artists who operate within an establishment owned by another under a booth rental agreement or other rental agreement from the definition of employment for purposes of the unemployment compensation law.
04/28/2011 Eligible for Governor’s desk.
05/09/2011 Signed by Governor.
05/09/2011 Public Law No. 2011-70

ME S 332 Thomas D (R)
Title: Trucking and Messenger Courier Industries
Status: Enacted
Summary: Establishes a set of factors to determine whether an individual engaged in the business of freight transportation or courier and messenger services is an employee or an independent contractor for purposes of the workers' compensation laws.
05/31/2011 Public Law No. 2011-176

ME S 437 Thibodeau (R)
Title: Independent Contractor Laws
Status: Enacted 06/10/2011.
Summary: Modifies the laws regarding status as an independent contractor; makes changes to provisions concerning unemployment compensation; directs the Commissioner of Labor to convene a stakeholder group to develop an employment test to be used in the administration of unemployment compensation law, workers' compensation law and programs of the Department of Labor, Bureau of Labor Standards to determine whether a person is an employee or independent contractor.
06/10/2011 Signed by Governor.
06/10/2011 Public Law No. 2011-292

ME S 477 Rector (R)
Title: Workers Compensation and Public Construction Projects
Status: Enacted 06/22/2011.
Summary: Clarifies and simplifies workers' compensation insurance notification reporting requirements for general contractors for public construction projects by moving the requirement from the various state agencies to a central reporting site at the Workers' Compensation Board; includes independent contractors and subcontractors; provides minimum disclosure standards and does not preclude the contracting agency from setting more rigorous standards for construction work.
06/22/2011 Signed by Governor.
06/22/2011 Public Law No. 2011-403

ME 6 2011 Executive Order 10 FY 11/12
Title: Employee Misclassification Task Force
Summary: Abolishes the Joint Enforcement Task Force on employee misclassification.

Maryland
 
Massachusetts

MA H 1391 Barrows (R)
Title: Independent Contractor Employee Definition
Status: Pending
Summary: Relates to the definition of certain independent contractors as employees for purposes of minimum wage and other requirements; provides that an individual performing any service shall be defined as an employee unless said employee satisfies certain other requirements.
11/03/2011 In Joint Committee on Labor and Workforce Development: Heard. Eligible for Executive Session.

MA H 1412 Walz (D)
Title: Certain Independent Contractors Under the Labor Laws
Status: Pending
Summary: Relates to certain independent contractors under the labor laws for purposes of workers compensation and unemployment insurance.
11/03/2011 In Joint Committee on Labor and Workforce Development: Heard. Eligible for Executive Session.

MA H 2874 Kafka (D)
Title: Independent Contractors Under Labor Laws
Status: Pending
Summary: Relates to certain independent contractors under the labor laws; provides that an individual performing a service shall be considered an employee under most circumstances; provides that it shall be considered a felony to coerce, threaten, or intimidate an individual into establishing an independent business; provides that any person or persons creating intellectual property shall be exempted from certain provisions regarding independent contractors.
11/03/2011 In Joint Committee on Labor and Workforce Development: Heard. Eligible for Executive Session.

MA H 3091 Wagner (D)
Title: Trucking and Messenger and Courier Industries
Status: Pending
Summary: Relates to the trucking and messenger/courier industries; specifies the difference between an employee and independent contractor.
01/21/2011 Introduced.
03/01/2011 To Joint Committee on Transportation.

MA HD 1128 Walz (D)
Title: Independent Contractors
Status: Pending
Summary: Relates to independent contractors.
01/19/2011 Assigned House Bill No. 1412

MA HD 1782 Barrows (R)
Title: Independent Contractors
Status: Pending
Summary: Relates to independent contractors.
01/20/2011 Assigned House Bill No. 1391

MA HD 3043 Kafka (D)
Title: Independent Contractors
Status: Pending
Summary: Relates to independent contractors.
01/21/2011 Assigned House Bill No. 2874

MA S 957 Rodrigues (D)
Title: Independent Contractor Labor Laws
Status: Pending
Summary: Relates to certain independent contractors under the labor laws; amends criteria for independent contractors for minimum wage and unemployment compensation purposes.
11/03/2011 In Joint Committee on Labor and Workforce Development: Heard. Eligible for Executive Session. 

Michigan
 
Minnesota
 
Mississippi
MS S 2886 Bryan (D)
Title: Independent Contractors
Status: Failed
Summary: Limits the amount of compensation that may be paid by an agency to an independent contractor who is receiving a retirement allowance from the public employees' retirement system.
02/01/2011 Died in committee.
Missouri
 
Montana

MT D 200 Keane
Title: Workers Compensation
Status: Failed - Adjourned
Summary: Requires that certain corporate officers and managers of manager-managed limited liability companies working in the construction industry be covered by workers' compensation or obtain an independent contractor exemption certificate.
02/08/2011 Assigned Senate Bill No. 287.

MT D 952 Essmann
Title: Legislator Employment Restrictions
Status: Failed - Adjourned
Summary: Prohibits a legislator from being employed by or accepting a position as an independent contractor with another state agency, a local government, or the judicial branch while in office; requires voter approval.
01/03/2011 Draft ready for delivery.

MT D 1827 Brenden
Title: Renewal Fee for Independent Contractors
Status: Failed - Adjourned
Summary: Lowers renewal fee for independent contractors; relates to workers' compensation.
01/31/2011 Assigned Senate Bill No. 242.

MT H 84 Boland (D)
Title: Wage Collection Fund
Status: Enacted 03/16/2011.
Summary: Revises the labor law; provides that the definition of an employee does not include an independent contractor with respect to general obligations of employers; provides that the deposit of wages into the wage collection fund by the Commissioner of Labor is discretionary rather than mandatory; updates the reference to federal law with respect to the definition of a person in an outside sales capacity.
03/16/2011 Chaptered. Chapter No. 12

MT S 242 Brenden (R)
Title: Agricultural Labor
Status: Enacted 04/21/2011.
Summary: Revises workers compensation laws; relates to the independent contractors' exemption; revises the definition of employee with respect to temporary agricultural employment.
04/21/2011 Signed by Governor.
04/21/2011 Chaptered. Chapter No. 262

MT S 287 Keane (D)
Title: Workers' Compensation Coverage Requirements
Status: Enacted 04/15/2011.
Summary: Requires corporate officers or managers of limited liability companies working in the construction industry to be covered by workers' compensation or to obtain an independent contractor exemption certificate.
04/15/2011 Signed by Governor.
04/15/2011 Chaptered. Chapter No. 200

MT S 290 Zinke (R)
Title: Human Rights Act and Independent Contractors
Status: Enacted 04/15/2011.
Summary: Excludes an independent contractor from the definition of employee under human rights laws.
04/15/2011 Signed by Governor.
04/15/2011 Chaptered. Chapter No. 201.

Nebraska

NE L 261 Lathrop (NP)
Title: Employment Security Law
Status: Enacted 05/17/2011.
Summary: Relates to the Employment Security Law; provides a direct seller exemption to the Employment Security Law; relates to persons engaged in the trade or business of the delivering or distribution of newspapers or shopping news, including any services directly related to such trade or business; provides that participants in AmeriCorps are not considered employees of the organization receiving assistance under the national service laws.
05/17/2011 Signed by Governor.

NE L 348 Lautenbaugh (NP)
Title: Employer Liability Provisions
Status: Pending - Carryover
Summary: Changes employer liability provisions under the Nebraska Workers' Compensation Act.
07/05/2011 102nd Legislature -- First Regular Session Adjourned - 05/26/2011 - Carried Over to Second Regular Session.

NE L 475 Lautenbaugh (NP)
Title: Garnishment Provisions
Status: Pending - Carryover
Summary: Changes garnishment provisions to include independent contractors providing services to government entities.
07/05/2011 102nd Legislature -- First Regular Session Adjourned - 05/26/2011 - Carried Over to Second Regular Session.

Nevada

NV BDR 164 Legislative Commission's Subcommittee to Study Employee Misclassification
Title: Employee Misclassification
Status: Failed - Adjourned
Summary: Creates Task Force on Employee Misclassification.
03/01/2011 Assigned Senate Bill No. 208.

NV BDR 165 Legislative Commission's Subcommittee to Study Employee Misclassification
Title: Employer Civil Penalties
Status: Failed - Adjourned
Summary: Authorizes civil penalties against employers who misclassify employees as independent contractors.
03/01/2011 Assigned Senate Bill No. 207.

NV BDR 166 Legislative Commission's Subcommittee to Study Employee Misclassification
Title: Right Of Action Against Employer
Status: Failed - Adjourned
Summary: Creates a private right of action against employers for workers who are misclassified as independent contractors.
02/14/2011 Assigned Senate Bill No. 148.

NV BDR 167 Legislative Commission's Subcommittee to Study Employee Misclassification
Title: Civil Penalties Against Employers
Status: Failed - Adjourned
Summary: Authorizes civil penalties against anyone who knowingly advises an employer on how to misclassify employees as independent contractors.
02/14/2011 Assigned Senate Bill No. 147.

NV BDR 168 Legislative Commission's Subcommittee to Study Employee Misclassification
Title: Independent Contractor Definition
Status: Failed - Adjourned
Summary: Amends definition of "independent contractor" for purposes of workers' compensation law.
03/16/2011 Assigned Senate Bill No. 242.

NV BDR 1072 Sherwood (R)
Title: Liability of Independent Contractors
Status: Failed - Adjourned
Summary: Revises provisions governing the liability of certain independent contractors.
03/21/2011 Assigned Assembly Bill No. 415.

NV S 147 Senate Commerce, Labor, and Energy Committee
Title: Industrial Insurance
Status: Failed
Summary: Establishes civil liability for knowingly advising certain persons to misrepresent the classification or duties of employees for the purposes of industrial insurance.
04/16/2011 Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.

NV S 148 Senate Commerce, Labor, and Energy Committee
Title: Private Right of Action Against Employers
Status: Failed
Summary: Creates a private right of action against employers for employees who are misclassified as independent contractors.
04/16/2011 Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.

NV S 207 Senate Commerce, Labor, and Energy Committee
Title: Misclassification of Employees
Status: Vetoed 06/13/2011.
Summary: Authorizes the imposition of an administrative penalty against an employer who misclassifies an employee as an independent contractor.
06/13/2011 Vetoed by Governor.

NV S 208 Senate Commerce, Labor, and Energy Committee
Title: Task Force on Employee Misclassification
Status: Vetoed 06/14/2011.
Summary: Creates the Task Force on Employee Misclassification.
06/14/2011 Vetoed by Governor.

NV S 328 Horsford (D)
Title: Payment and Wage Collection
Status: Enacted 06/01/2011.
Summary: Relates to employer compensation for overtime work; revises the definition of professional to include creative professionals who are not employees of a contractor within the kinds of employees who are exempt from the overtime requirement.
06/01/2011 Signed by Governor.
06/01/2011 Chaptered. Chapter No. 193

NV S 359 Horsford (D)
Title: Contracts with a Governmental Entity
Status: Failed
Summary: Revises provisions relating to contracts with a governmental entity; prescribes a code of conduct for independent contractors who enter into a contract with a public body; requires an independent contractor to disclose any fees charged to persons who are not a party to the contract under a contract with a public body and to annually report the total dollar amount of such fees; allows the public body to terminate the contract for violations made by the independent contractor.
06/06/2011 No further action taken.

New Hampshire
NH H 420 Infantine (R)
Title: Registration for Independent Contractors
Status: Pending - Carryover
Summary: Relates to voluntary registration for independent contractors under Workers' Compensation Law.
10/21/2011 From House Committee on Labor, Industrial and Rehabilitative Services: Ought to pass with amendment.

NH LSR 748 Infantine (R)
Title: Independent Contractors and Workers Compensation
Status: Pending - Carryover
Summary: Relates to independent contractors under workers' compensation.
01/21/2011 Assigned Bill Number: H 420

NH LSR 1077 Office of Blois
Title: Workers Compensation for Independent Contractors
Status: Pending - Carryover
Summary: Relates to the registration of independent contractors under Workers' Compensation.
02/23/2011 Assigned Bill Number: SB191.

NH S 191 DeBlois (R)
Title: Independent Contractor Registration
Status: Pending - Carryover
Summary: Relates to the registration of independent contractors for the purposes of workers' compensation.
03/30/2011 Committee amendment rejected on Senate floor.
03/30/2011 From Senate Committee on Commerce: Ought to rerefer.

New Jersey
NJ A 4146 Wisniewski (D)
Title: Truck Operator Independent Contractor Act
Status: Pending
Summary: Creates a presumption that a work arrangement in the drayage trucking or parcel delivery trucking industry is an employer-employee relationship unless the party receiving services can overcome the legal presumption of employment; provides that services performed are deemed to be employment unless it is shown that the individual is free from control over the performance of that service, service is outside the usual course of the business, and the individual is engaged in an independently established trade.
06/20/2011 Introduced.
06/20/2011 To Assembly Committee on Labor.
New Mexico
 
New York

NY A 192 Cahill (D)
Title: Independent Contractors
Status: Pending
Summary: Includes certain independent contractors in the state directory of new hires to aid in the administration of the child support enforcement program.
03/14/2011 Passed Assembly. To Senate.
03/14/2011 To Senate Committee on Investigations and Government Operations.

NY A 1852 Wright (D)
Title: Definition of Employment
Status: Pending
Summary: Relates to the definition of employment for professional models and the individuals or entities which engage them; defines under what circumstances a model would be considered an independent contractor.
01/12/2011 To Assembly Committee on Labor.

NY A 2274 Reilly (D)
Title: Workers Compensation Law
Status: Pending
Summary: Amends the workers' compensation law definition of employee to exclude persons during a period of orientation or training when such persons are intending to become independent contractors.
01/14/2011 Introduced.
01/14/2011 To Assembly Committee on Labor.

NY A 3258 Perry (D)
Title: Right of Action in Favor of a Contractor
Status: Pending
Summary: Creates a right of action in favor of a contractor whose bid is denied against the winning bidder where such winning bidder knowingly misclassified one or more of its employees as independent contractors to avoid paying workers' compensation premiums on such employee; provides for payment of damages by the winning bidder.
01/24/2011 Introduced.
01/24/2011 To Assembly Committee on Labor.

NY A 4566 Schroeder (D)
Title: Department of Labor
Status: Pending
Summary: Directs the department of labor to prescribe the form of a notice informing potential contractors in public work contracts of their responsibilities relating to hours, wages and supplements; requires all contracting agencies to include such notice in the request for proposals for public work.
02/04/2011 Introduced.
02/04/2011 To Assembly Committee on Labor.

NY A 6698 Silver (D)
Title: Payment of Independent Contractors
Status: Pending
Summary: Relates to payment of independent contractors and authorizes the department of labor to investigate complaints, make claims for compensation, assess liquid damages, civil penalties and criminal penalties, and authorizes the award of attorney fees and liquidated damages.
06/20/2011 Passed Assembly. To Senate.
06/20/2011 To Senate Committee on Rules.

NY A 7147 Schimel (D)
Title: Contractors Installing Traffic Controls
Status: Pending
Summary: Defines certain independent contractors who install temporary traffic controls as employees for purposes of defense and indemnification.
04/13/2011 Introduced.
04/13/2011 To Assembly Committee on Governmental Operations.


NY A 8287 Pretlow (D)
Title: Designation of Workers Compensation Coverage
Status: Pending
Summary: Relates to horse racing; intends to forbid workers compensation carriers from forcing policyholders to cover individuals who are not their employees; provides that only a workers compensation policyholder or the workers compensation board shall determine that an individual is the employee of such policyholder and therefore required to be covered by such employer's workers compensation insurance policy.
06/20/2011 From Assembly Committee on Labor.
06/20/2011 To Assembly Committee on Rules.

NY A 8506 Lancman (D)
Title: Commercial Goods Transportation Industry Fair Play
Status: Pending
Summary: Enacts the "New York State Commercial Goods Transportation Industry Fair Play Act"; redefines the definition of "employee".
06/20/2011 Introduced.
06/20/2011 To Assembly Committee on Labor.

NY S 21 Squadron (D)
Title: Payment of Independent Contractors
Status: Pending
Summary: Relates to claims for the payment of independent contractors.
01/05/2011 Introduced.
01/05/2011 To Senate Committee on Labor.

NY S 630 Squadron (D)
Title: Payment of Independent Contractors
Status: Pending
Summary: Establishes certain requirements for the payment of independent contractors; requires work terms to be reduced in writing and signed by both the client and the contractor; provides for the investigation of controversies between clients and contractors; provides for the filing of complaints; provides for legal actions when a contractor is paid less than the compensation to which he or she is entitled.
01/05/2011 To Senate Committee on Labor.

NY S 3093 Robach (R)
Title: State Agency Consultant Contracts
Status: Pending
Summary: Relates to the cost effectiveness of consultant contracts by state agencies; defines "consultant services".
02/08/2011 Introduced.
02/08/2011 To Senate Committee on Finance.

NY S 4129 Golden (R)
Title: Payment of Independent Contractors
Status: Pending
Summary: Relates to payment of independent contractors and authorizes the department of labor to investigate complaints, make claims for compensation, assess liquid damages, civil penalties and criminal penalties, and authorizes the award of attorney fees and liquidated damages.
06/15/2011 Amended in Senate Committee on Labor.

NY S 4273 Marcellino (R)
Title: Defense of Independent Contractors
Status: Pending
Summary: Relates to requiring the state to defend and indemnify independent contractors and their employees when they install temporary traffic controls at accident scenes.
03/25/2011 Introduced.
03/25/2011 To Senate Committee on Finance.

North Carolina

NC H 790 Glazier (D)
Title: Employee Fair Classification Act
Status: Pending
Summary: Amends the labor Laws of North Carolina to enact the Employee Fair Classification Act.
04/07/2011 Introduced.
04/07/2011 To House Committee on Commerce and Job Development.

NC S 659 Clodfelter (D)
Title: Workers Compensation Act and Taxicab Driver Coverage
Status: Pending - Carryover
Summary: Exempts taxicab drivers who are independent contractors from coverage under the workers' compensation act; provides that it is a rebuttable presumption that any person who operates and who has an ownership or leasehold interest in, a passenger motor vehicle that is operated as a taxicab is an independent contractor for the purposes of workers' compensation.
11/08/2011 Carried Over to 2012 General Assembly - Second Session.

North Dakota
 
Ohio
 
Oklahoma
OK H 2033 Sullivan (R)
Title: Workplace Drug and Alcohol Testing
Status: Enacted 05/09/2011.
Summary: Relates to workplace drug and alcohol testing; clarifies the term applicant; provides that adulteration of a specimen or of a drug or alcohol test is considered a refusal to test; provides for the testing of independent contractors; modifies standards and requirements for testing; authorizes random testing of public hospital employees; makes changes concerning employee notice requirements, licensure and procedures of testing facilities, employer records, and disciplinary actions, including dismissals.
05/09/2011 Chapter No. 180.
Oregon

OR D 976 House Consumer Protection and Government Accountability Committee
Title: Review Processes for Employer Determinations
Status: Failed - Adjourned
Summary: Establishes review processes for certain employer determinations made by Department of Revenue and Employment Department based on finding that one or more workers are employees and not independent contractors; modifies laws relating to Interagency Compliance Network; eliminates references to network and substitutes references to specific agencies; declares emergency, effective on passage.
01/09/2011 Assigned House Bill No. 2469

OR D 1040 House Consumer Protection and Government Accountability Committee
Title: Exemption of Meetings in Interagency Compliance Network
Status: Failed - Adjourned
Summary: Exempts meetings of Interagency Compliance Network and of member agencies for Interagency Compliance Network purposes from public meetings law. Declares emergency, effective on passage.
01/09/2011 Assigned House Bill No. 2470

OR D 2873 Senate Committee on Business and Transportation
Title: Exclusion from the Definition of Employment
Status: Failed - Adjourned
Summary: Excludes from definition of "employment," for purposes of unemployment insurance benefits, service performed in operation of passenger motor vehicle operated as taxicab or for nonemergency medical transportation by person with ownership or leasehold interest in vehicle; declares emergency, effective on passage.
01/09/2011 Assigned Senate Bill No. 257

OR H 2157 Roblan (D)
Title: Landscape Contracting Businesses
Status: Enacted 06/09/2011.
Summary: Requires applicant for landscape contracting business license that is nonexempt independent contractor to provide workers' compensation insurance coverage for employees; requires applicant for landscape contracting business license that is exempt independent contractor and enters into contract with worker leasing company or temporary service provider to verify that workers supplied to business by leasing company or service provider are covered by workers' compensation insurance.
06/09/2011 Chaptered. Chapter No. 283

OR H 2313 Harker (D)
Title: Agency Determination of Independent Contractor Status
Status: Failed - Adjourned
Summary: Instructs Bureau of Labor and Industries to study development of definition of "independent contractor" by rule for purpose of determination of independent contractor status.
01/21/2011 To House Committee on Business and Labor.

OR H 2469 Roblan (D)
Title: Employment
Status: Failed - Adjourned
Summary: Establishes review processes for certain employer determinations made by Department of Revenue and Employment Department based on finding that one or more workers are employees and not independent contractors; modifies laws relating to Interagency Compliance Network; eliminates references to network and substitutes references to specific agencies; declares emergency, effective on passage.
02/17/2011 Filed as Draft 976

OR H 3135 Cannon (D)
Title: Deferred Compensation
Status: Failed - Adjourned
Summary: Allows physician or dentist who treats patients who are receiving medical assistance under state's medical assistance program to elect to participate as independent contractor in state deferred compensation plan.
02/14/2011 To House Committee on Health Care.

OR H 3369 Jenson (R)
Title: Construction Contractors
Status: Failed - Adjourned
Summary: Deletes requirement that commercial construction contractor classified as exempt independent contractor obtain workers' compensation insurance.
02/28/2011 To House Committee on General Government and Consumer Protection.

OR H 3612 Johnson M (R)
Title: Construction Contractor Workers Compensation Coverage
Status: Failed - Adjourned
Summary: Allows entity that is classified by Construction Contractors Board as exempt commercial contractor to provide board with proof of personal health insurance coverage for proprietor or each partner, corporate officer or member of limited liability company as alternative to procuring and maintaining workers' compensation coverage; declares emergency, effective on passage.
04/04/2011 To House Committee on Business and Labor.

Pennsylvania
PA S 865 Costa J (D)
Title: Pennsylvania Human Relations Act
Status: Pending
Summary: Amends the Pennsylvania Human Relations Act; provides for the definition of employer; relates to self-employed persons; relates to workplace discrimination.
03/22/2011 Introduced.
03/22/2011 To Senate Committee on Labor and Industry.
Puerto Rico
 
Rhode Island
RI S 416 McCaffrey (D)
Title: Labor
Status: Enacted
Summary: Requires every contractor and subcontractor to maintain on the site where public works are being constructed and the general or primary contract is three million dollars ($3,000,000) or more, a daily log of employees employed each day on the public works project; provides that the log shall include for each employee his or her name, primary job title, and employer and shall be kept on a uniform form.
07/13/2011 Signed by Governor.
07/13/2011 Public Law No. 2011-332.
South Carolina
 
South Dakota
 
Tennessee
 
Texas
TX H 2726 Hartnett (R)
Title: Liability of an Employee of an Independent Contractor
Status: Failed - Adjourned
Summary: Relates to liability of an employee of an independent contractor of a transportation entity.
03/16/2011 To House Committee on Judiciary & Civil Jurisprudence.
Utah
UT H 229 Grover Kei (R)
Title: Mental Health Professional Practice Act
Status: Failed
Summary: Modifies provisions of the Mental Health Professional Practice Act; provides definitions; allows certain training and supervision to be conducted online; allows certain mental health therapists to practice as an independent contractor; makes technical changes.
03/10/2011 Enacting clause struck.

UT S 11 Mayne K (D)
Title: Worker Classification Coordinated Enforcement
Status: Enacted 03/31/2011.
Summary: Changes the Independent Contractor Database Enforcement Council to the Worker Classification Coordinated Enforcement Council; addresses membership, the duties of the council, and the sharing of information.
03/31/2011 Chaptered. Chapter No. 15.

Vermont

VT H 143 Wilson (D)
Title: Sales and Use Tax
Status: Pending - Carryover
Summary: Proposes to require certain businesses that sell items subject to the sales and use tax via independent contractors located within Vermont to collect and remit sales tax.
03/11/2011 To Senate Committee on Finance.

VT H 247 Scheuermann (R)
Title: Independent Contractor Definition
Status: Pending - Carryover
Summary: Proposes to establish a common definition of an "independent contractor" for the workers' compensation and unemployment compensation statutes.
02/15/2011 To House Committee on Commerce and Economic Development.

VT H 425 Leriche (D)
Title: Workers Compensation Independent Contractor
Status: Pending - Carryover
Summary: Proposes to establish a common definition of an "independent contractor" for the workers' compensation statutes.
03/08/2011 To House Committee on Commerce and Economic Development.

Virginia

VA H 1859 Anderson (R)
Title: Public Procurement and E-Verify
Status: Enacted
Summary: Requires public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program to determine that their employees and individual independent contractors are legally eligible for employment in the United States; provides that contractors and subcontractors are required to verify the employment status of their employees and independent contractors; provides that a state public body shall deny prequalification to any contractor who fails to participate.
03/25/2011 Acts of Assembly. Chapter No. 573.

VA S 34 Lucas (D)
Title: Worker Misclassification Act
Status: Failed
Summary: Relates to worker Misclassification Act; penalties.
12/02/2010 Left in committee.

VA S 225 Barker (D)
Title: Public Procurement Act
Status: Failed
Summary: Requires all public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program or similar electronic verification of work authorization program to determine that their employees and individual independent contractors are legally eligible for employment in the United States.
02/17/2010 Left in committee.

VA S 377 Puckett (D)
Title: Workplace Fraud Act
Status: Failed
Summary: Relates to workplace Fraud Act.
12/02/2010 Left in committee.

VA S 1288 McWaters (R)
Title: Public Procurement Act
Status: Failed
Summary: Relates to the Public Procurement Act; requires all public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program or similar electronic verification of work authorization program to determine that their employees and individual independent contractors are legally eligible for employment in the United States.
02/07/2011 From Senate Committee on Courts of Justice: Reported as substituted, see S. 1049.

VA SJR 345 Puckett (D)
Title: Misclassification of Employees as Independent Contract
Status: Adopted
Summary: Requests the Department of Labor and Industry, with the technical assistance of the Board for Contractors within the Department of Professional and Occupational Regulation, to study the misclassification of employees as independent contractors in the Commonwealth; provides that in conducting the study, the Department shall review the status of employee misclassification in the state, review the consequences of misclassification to the workforce, determine the amount of lost revenue to the state and local.
02/23/2011 Senate concurred in House substitute.

Washington

WA H 1701 Ormsby (D)
Title: Misclassification of Contractors
Status: Pending - Carryover
Summary: Concerns the misclassification of contractors as independent contractors in the construction industry.
05/25/2011 By order of Resolution - Returned to House for Third Reading.

WA S 5599 Kohl-Welles (D)
Title: Misclassification of Contractors
Status: Pending - Carryover
Summary: Addresses the loss in state revenue through misclassification of workers as independent contractors in the construction industry.
04/26/2011 2011 First Special Session Action.

West Virginia
 
Wisconsin
WI S 41 Lazich (R)
Title: Motor Carrier Liability
Status: Enacted
Summary: Prohibits any provision of a motor carrier transportation contract, or covenant or agreement collateral to or affecting a motor carrier transportation contract, from indemnifying or requiring the motor carrier to provide a defense to the promisee, its employees or affiliates from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee or its employees or affiliates; includes independent contractors.
07/05/2011 Act No. 2011-33.
Wyoming
 

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