2013 Employee Misclassification Legislation

12/31/2013

2013 Employee Misclassification Legislation

workersLegislation related to misclassification of employees as independent contractors was introduced in 34 states and the District of Columbia during the 2013 legislative session. Legislation included bills defining employment, requiring coverage of workers compensation or unemployment insurance, or listing workers certain occupations as employees or independent contractors.

Laws were enacted in D.C. and 14 states: Arkansas, Connecticut, Delaware, Illinois, Maryland, New Jersey (vetoed), New York, Oklahoma, Oregon, Tennessee, Texas, Utah, Washington and Wyoming.

Arkansas

AR H 1682
Author: Cozart (R)
Title: Employee and Department of Workforce Services
Disposition: Failed - Adjourned
Summary: Removes proof of freedom from control from the exceptions to the definition of employee for the department of workforce services law.
04/15/2013 Withdrawn by Author.

AR S 802
Author: Sanders (R)
Title: Motor Carrier Workers Compensation
Disposition: Enacted
Summary: Regulates motor carriers in relation to workers compensation laws; provides that an owner-operator that provides a commercial motor vehicle and the services of one or more drivers to a motor carrier under a written contract, and each driver so provided, is not an employee of the motor carrier but is an independent contractor of the motor carrier; provides that the carrier is not liable for any required compensation; authorizes certain owner-operators to elect to secure coverage.
04/12/2013 Signed by Governor. Act No. 1166

California

CA A 1243
Author: Hueso (D)
Title: Employment: Taxi Drivers
Disposition: Pending
Summary: Establishes a presumption, rebuttable by clear and convincing evidence, that the driver of a taxicab is an independent contractor rather than an employee of a taxi company. Specifies the factors used in rebutting the presumption and the factors that may not be considered as evidence of employer-like control by a taxi company.
03/11/2013 To Assembly Committee on Labor and Employment.

Connecticut

CT H 5913
Author: Yaccarino (R)
Title: Board of Regents for Higher Education
Disposition: Failed
Summary: Concerns the reemployment of retired faculty by the Board of Regents for Higher Education; saves state funds by clarifying certain faculty employed by the Board of Regents for Higher Education as independent contractors.
03/28/2013 Failed Joint Favorable deadline.

CT H 6151
Author: Becker (D)
Title: Motor Vehicle Operators and Unemployment Benefits
Disposition: Enacted
Summary: Concerns certain operators of motor vehicles and eligibility for unemployment benefits; creates an exception in the statutes for service performed by the operator of a motor vehicle transporting property for compensation pursuant to an agreement with a contracting party, provided certain conditions are met, including conditions concerning gross vehicle weight, lease arrangements and compensation.
06/24/2013 Signed by Governor. Public Act No. 13-168

CT H 6560
Author: Joint Committee on Transportation
Title: Owner Operators Of Certain Vehicles
Disposition: Failed - Adjourned
Summary: Concerns owner-operators of certain vehicles; applies the independent contractor standard to owner-operators of certain vehicles.
04/15/2013 Reported out of Legislative Commissioner's Office.

CT S 344
Author: Musto (D)
Title: Independent Contractors
Disposition: 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.
03/19/2013 Failed Joint Favorable deadline.

CT S 690
Author: LeBeau (D)
Title: Owner Operators of Commercial Motor Vehicles
Disposition: Failed
Summary: Concerns owner-operators of commercial motor vehicles; establishes criteria where owner-operators of commercial motor vehicles would be classified as independent contractors when transporting property for hire.
03/19/2013 Failed Joint Favorable deadline.

Delaware

DE H 55
Author: Short B (D)
Title: Security For Franchised Distributors
Disposition: Enacted
Summary: Clarifies that parties to a franchise agreement are not within the definition of an employee under the Wage Payment and Collection Act of the state.
06/06/2013 Signed by Governor. Chapter Number 39

District of Columbia

DC B 169
Author: Mendelson (D)
Title: Workplace Fraud Amendment
Disposition: Enacted
Summary: 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.
04/27/2013 In Congress. Passed Congressional Review Period. Assigned Law Number 300

Georgia

GA H 606
Author: Knight (R)
Title: Private Home Care Providers
Disposition: Pending - Carryover
Summary: Relates to private home care providers, 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.
03/20/2013 In House: Read 2nd time.

Illinois

IL H 923
Author: Hoffman (D)
Title: Employee Classification Act
Disposition: Enacted
Summary: Amends the Employee Classification Act; requires contractors for which construction services are performed by an individual, sole proprietor, or partnership to report all payments made to those entities if the recipient of the payment is not classified as an employee; provides that contractors who violate the reporting provisions may be subject to civil penalties and debarment; provides that the reporting requirements do not apply to specified bidders.
07/23/2013 Signed by Governor. Public Act No. 105

IL H 2649
Author: Arroyo (D)
Title: Employee Classification Act
Disposition: Enacted
Summary: Amends the Employee Classification Act; includes an individual within the scope of the term contractor; provides for notice to an employer of violations and penalties and for a time within which an employer may request a hearing; provides for a formal administrative hearing; makes changes concerning responsibilities of the Attorney General and the recovery of penalties; includes discipline within acts prohibited as retaliation against a person for exercising rights under the Act; lowers civil penalties.
07/23/2013 Signed by Governor. Public Act No. 106

IL S 1521
Author: Steans (D)
Title: Insurance Code
Disposition: Pending
Summary: Amends the Insurance Code in the Article concerning workers' compensation and employer's liability rates; provides that if the application of incorrect classifications, payrolls, or any other factors of a rating system results in the payment by an insured of premiums in excess of the premiums that would have been paid utilizing the correct applications of classifications, payrolls, or other factors of a rating system, the insurer shall pay 5 percent interest on the excessive premium paid from the date of.
03/22/2013 Rereferred to Senate Committee on Assignments.

IL S 1660
Author: Forby (D)
Title: Workers Compensation Act
Disposition: Pending
Summary: Amends the Workers' Compensation Act and the Unemployment Insurance Act; sets forth the conditions under which a person who operates a motor vehicle for a carrier of property is an independent contractor and not an employee.
02/13/2013 Introduced. To Senate Committee on Assignments.

IL S 1661
Author: Forby (D)
Title: Workers Compensation Act
Disposition: Pending
Summary: Amends the Workers' Compensation Act and the Unemployment Insurance Act; provides that individuals who own or hold under a Bona fide lease a motor vehicle that the individual then leases to a motor carrier and operates under a written agreement with the motor carrier that specifies that the arrangement involves an independent contractor relationship are not covered by the Acts.
02/13/2013 Introduced. To Senate Committee on Assignments.

Indiana

IN S 143
Author: Mrvan (D)
Title: False Statements To State Agencies
Disposition: Failed - Adjourned
Summary: Relates to false statements to state agencies; provides that a person 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 who misclassifies a person as an independent contractor for the sole or primary purpose of avoiding the worker's compensation law commits a Class A misdemeanor.
01/07/2013 Introduced. To Senate Committee on Corrections & Criminal Law.

Iowa

IA H 129
Author: Thomas (D)
Title: Employee Stock Ownership Plans
Disposition: Pending - Carryover
Summary: Relates to employee stock ownership plans by making an appropriation of $1 million for FY 2014 to the economic development authority for the purpose of providing financial assistance, including the establishment of a loan program, and technical assistance, marketing, and education to businesses regarding the formation of employee stock ownership plans and for the purpose of hiring an independent contractor with expertise in the formation of employee stock ownership plans.
03/05/2013 In House Committee on Economic Growth.

Kentucky

KY S 89
Author: Schickel (R)
Title: Employee Misclassification
Disposition: Failed - Adjourned
Summary: Relates to employee misclassification; defines person, contractor, prime contractor, and subcontractor; establishes criteria for determining a person to be an independent contractor; stipulates that prime contractors are not responsible for subcontractor's failure to properly classify persons; stipulates that independent contractors are not eligible for employee benefits or wages; provides for notification of the Department of Workers' Claims and the Unemployment Insurance Commission; provides for appeals.
02/25/2013 To House Committee on Labor and Industry.

Maine

ME H 290
Author: Russell (D)
Title: Wage Laws
Disposition: 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.
03/12/2013 In Senate. Placed in Legislative File (Dead).

ME LR 23
Author: Russell (D)
Title: Wage Laws
Prefiled: 01/28/2013
Disposition: Failed - Adjourned
Summary: Enforces wage laws by preventing misclassification of employees.
02/12/2013 Assigned House Paper number 290 and LD 418.

Maryland

MD S 1057
Author: Middleton (D)
Title: Health Care Staff Agencies
Disposition: Enacted
Summary: Expands provisions regarding nursing staff agencies and nursing personnel to apply to health care staff agencies; requires a health care staff agency to be licensed by the Office of Health Care Quality in the Department of Health and Mental Hygiene before referring health care practitioners to a health care facility as independent contractors for temporary health care services; includes nurse anesthetists, physicians, podiatrists and pharmacists.
05/02/2013 Signed by Governor. Chapter No. 340

Massachusetts

MA H 1695
Author: Benson (D)
Title: Definition of Freelance Employees
Disposition: Pending
Summary: Relates to the definition of an employee.
07/16/2013 In Joint Committee on Labor and Workforce Development: Heard. Eligible for Executive Session.

MA H 1711
Author: Decker (D)
Title: Independent Contractor Labor Laws
Disposition: Pending
Summary: Regards independent contractors; relates to freelancers and artists.
07/16/2013 In Joint Committee on Labor and Workforce Development: Heard. Eligible for Executive Session.

MA H 1778
Author: Walz (D)
Title: Labor Laws of Independent Contractors
Disposition: Pending
Summary: Relates to labor Laws governing certain independent contractors.
07/16/2013 In Joint Committee on Labor and Workforce Development: Heard. Eligible for Executive Session.

MA H 2025
Author: Lyons (R)
Title: Non Profit Corporations Investigation
Disposition: Pending
Summary: Investigates the compensation paid to officers, employees and independent contractors by non-profit corporations that receive grants from or have contracts with the Department of Public Health.
02/18/2013 Filed as House Docket 3193 To Joint Committee on Public Health. Dated 01/22/2013.

MA H 3164
Author: Wagner (D)
Title: Trucking and Messenger and Courier Industries
Disposition: Pending
Summary: Relates to the trucking and messenger or courier industries; provides that an operator of a car, van, truck, tractor, or truck-tractor that is licensed and registered by a governmental motor vehicle agency is an employee unless certain factors are present, and if such factors are present, the operator is an independent contractor.
09/24/2013 In Joint Committee on Transportation: Heard. Eligible for Executive Session.

MA H 3313
Author: O'Connell (R)
Title: Independent Contractor Registration
Disposition: Pending
Summary: Relates to allowing voluntary registration of independent contractors.
07/16/2013 In Joint Committee on Labor and Workforce Development: Heard. Eligible for Executive Session.

MA HD 603
Author: Walz (D)
Title: Independent Contractors
Disposition: Pending
Summary: Relates to independent contractors.
02/19/2013 Assigned House Bill No. 1778

MA HD 2175
Author: Decker (D)
Title: Independent Contractors
Disposition: Pending
Summary: Regards Independent Contractors.
02/18/2013 Assigned House Bill No. 1711

MA HD 2786
Author: O'Connell (R)
Title: Voluntary Registration of Independent Contractors
Disposition: Pending
Summary: Relates to voluntary registration of independent contractors.
03/12/2013 Assigned House Bill No. 3313

MA S 886
Author: Rodrigues (D)
Title: Independent Contractors
Disposition: Pending
Summary: Relates to certain independent contractors under the labor laws.
07/16/2013 In Joint Committee on Labor and Workforce Development: Heard. Eligible for Executive Session.

MA SD 273
Author: Rodrigues (D)
Title: Independent Contractors
Disposition: Pending
Summary: Relates to independent contractors.
02/15/2013 Assigned Senate Bill No. 886

Michigan

MI S 1
Author: Richardville (R)
Title: Employee Misclassifications
Disposition: Pending
Summary: Provides for protections regarding employee misclassification through new Employee Classification Act.
01/16/2013 Introduced. To Senate Committee on Government Operations and Reform.

Minnesota

MN S 1468
Author: Ingebrigtsen (R)
Title: Labor Standards
Disposition: Pending - Carryover
Summary: Relates to labor standards; modifies the definition of employment.
03/20/2013 Introduced. To Senate Committee on Jobs, Agriculture and Rural Development.

Missouri

MO H 531
Author: Bahr (R)
Title: Legal Presumption
Disposition: Failed - Adjourned
Summary: States there is a legal presumption, absent contrary evidence, that funds paid to a limited liability company are funds paid to an independent contractor and not to an employee.
02/12/2013 To House Committee on General Laws.

MO H 532
Author: Bahr (R)
Title: Department of Labor and Industrial Relations
Disposition: Failed - Adjourned
Summary: Allows an employer to receive fees and expenses by DOLIR if an employer prevails in a suit or appeal based on an audit reclassifying a person or entity from an independent contractor to an employee.
02/12/2013 To House Committee on General Laws.

MO H 915
Author: Bahr (R)
Title: Employee Reclassification Act
Disposition: Failed - Adjourned
Summary: Establishes the Employee Reclassification Act creating provisions for DOLIR to define independent contractor and the procedures by which DOLIR may change an individual's classification to an employee.
05/07/2013 In House Committee on Rules: Voted do pass. From House Committee on Rules: Reported do pass.

Nebraska

NE L 560
Author: Mello (NP)
Title: Labor and Employment Acts
Disposition: Pending - Carryover
Summary: Provides enforcement provisions to certain labor and employment acts; amends provisions of the Nebraska Fair Employment Practice Act, the Wage and Hour Act, the Nebraska Wage Payment and Collection Act, and the Employee Classification Act; requires employers, employment agencies and labor organizations to keep records for a specified time; prohibits retaliation against a person who has opposed any unlawful practice, made a charge or testified in any related hearing.
06/11/2013  Carried Over to Second Regular Session.

Nevada

NV BDR 580
Author: Senate Committee on Commerce, Labor and Energy
Title: Employee Misclassification Task Force
Disposition: Failed - Adjourned
Summary: Creates the Task Force on Employee Misclassification.
02/06/2013 Assigned Senate Bill No. 95.

NV BDR 904
Author: Senate Minority Leader
Title: Independent Contractors
Disposition: Failed - Adjourned
Summary: Revises provisions relating to independent contractors.
02/11/2013 Filed.

NV S 95
Author: Senate Committee on Commerce, Labor and Energy
Title: Task Force on Employee Misclassification
Disposition: Failed
Summary: Creates the Task Force on Employee Misclassification.
04/13/2013 Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.

NV S 360
Author: Roberson (R)
Title: Provisions Relating To Independent Contractors
Disposition: Failed
Summary: Establishes certain provisions relating to independent contractors.
04/13/2013 Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.

New Hampshire

NH LSR 2506
Author: St. James (R)
Title: Unemployment Compensation for Self Employed Individuals
Disposition: Pending
Summary: Relates to unemployment compensation for self-employed individuals.
10/01/2013 Filed.

New Jersey

NJ A 1578
Author: Wisniewski (D)
Title: Truck Operator Independent Contractor Act
Disposition: Vetoed
Summary: Establishes the Truck Operator Independent Contractor Act; provides that for purposes of the Unemployment Compensation Law, the Temporary Disability Benefits Law, the New Jersey Gross Income Tax Act, or other applicable State tax laws, the Workers' Compensation Law, and the State Wage and Hour Law, services performed for a fee or other compensation shall be deemed employment unless specified criteria are met.
09/09/2013 Vetoed by Governor.

NJ A 3310
Author: Eustace (D)
Title: Payment of Independent Contractors
Disposition: Pending
Summary: Concerns payment of independent contractors; provides that the written work terms for work performed by an independent contractor, and agreed upon by the independent contractor and a client, must be signed only by the independent contractor, rather than signed by both the independent contractor and the client.
06/24/2013 To Senate Committee on Labor.

NJ S 1450
Author: Weinberg (D)
Title: Truck Operator Independent Contractor Act
Disposition: Pending
Summary: Establishes the Truck Operator Independent Contractor Act; relates to improper classification of employees in the trucking industry for the purpose of depriving such employees of Social Security, workers' compensation, and other employee benefits, and reducing an employers' tax withholdings; prohibits an employer from requiring an individual to enter into an agreement which results in that individual's misclassification; makes related changes.
05/30/2013 Substituted by A1578

NJ S 2496
Author: Madden (D)
Title: Independent Contractors Payment
Disposition: Pending
Summary: Concerns payment of independent contractors; provides that an independent contractor must be paid the compensation earned according to work terms agreed to by the independent contractor and its client, and requires the Department of Labor and Workforce Development to act as a regulatory agency in certain circumstances regarding these work agreements.
01/28/2013 Introduced. To Senate Committee on Labor.

NJ SR 64
Author: Sweeney (D)
Title: Independent Contractor Misclassification
Disposition: Pending
Summary: Requests the governor to have the state participate in joint state and federal initiative against misclassification of employees as independent contractors.
05/31/2012 Introduced. To Senate Committee on Labor.

New York

NY A 224
Author: Kavanagh (D)
Title: Bicycle Operators
Disposition: Pending
Summary: Provides that bicycle operators and the businesses working as an independent contractor with such operators shall be liable for such operator's violation of the law; provides that any business using a bicycle for commercial purposes shall be vicariously liable for any civil penalty imposed on any bicycle operator employed by or otherwise working as an independent contractor with such business; adds to definition for the term bicycle including any wheeled motor-assisted device.
06/11/2013 Amended in Assembly Committee on Cities.

NY A 1865
Author: Schimel (D)
Title: Independent Contractors Definition
Disposition: Pending
Summary: Requires the state to defend and indemnify independent contractors and their employees when they install temporary traffic controls at accident scenes and other unplanned incidents; defines "employee" as an independent contractor and its employees who install temporary traffic controls at the scene of an accident, hazardous material spill or other unplanned traffic incident, while acting pursuant to a direct order by a police officer or other public official that is in charge of such traffic incident.
05/23/2013 Amended in Assembly Committee on Governmental Operations.

NY A 1994
Author: Crouch (R)
Title: Excuse From Jury Duty
Disposition: Pending
Summary: Amends the Judiciary Law; provides that an individual may be excused from jury duty if such service would cause a financial hardship to a self-employed individual.
01/09/2013 Introduced. To Assembly Committee on Judiciary.

NY A 3440
Author: Glick (D)
Title: Exemption of Self Employment Earnings
Disposition: Pending
Summary: Amends the Tax Law; increases the exemption of self-employment earnings from the metropolitan commuter transportation mobility tax from $50,000 to $100,000.
01/25/2013 Introduced. To Assembly Committee on Ways and Means.

NY A 4688
Author: Perry (D)
Title: Right of Action for Contractor Whose Bid is Denied
Disposition: 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.
02/07/2013 Introduced. To Assembly Committee on Labor.

NY A 5237
Author: Wright (D)
Title: Commercial Goods Transportation Industry Fair Play Act
Disposition: Pending
Summary: Relates to enacting the "New York State Commercial Goods Transportation Industry Fair Play Act"; provides that any person performing commercial goods transportation services for a commercial goods transportation contractor shall be classified as an employee; provides for civil and criminal penalties; provides that the workers' compensation board shall provide a copy of any order relating to the misclassification of an employee.
06/21/2013 Substituted by S 5867.

NY A 5263
Author: Wright (D)
Title: Definition of Employment for Professional Models
Disposition: Pending
Summary: Amends the Workers' Compensation Law; relates to the definition of employment as it concerns professional models and the individuals or entities which engage them; defines under what circumstances a model would be considered an independent contractor.
02/21/2013 To Assembly Committee on Labor.

NY A 5472
Author: Silver (D)
Title: Payment of Independent Contractors
Disposition: Pending
Summary: Relates to payment of independent contractors; requires payment of compensation earned in accordance with agreed work terms; requires that such terms be reduced in writing and kept on file; provides for the filing of complaints, for legal actions and for actions for recovery; provides that such provisions do not apply to real estate brokers, associate brokers or salespersons licensed pursuant to the Real Property Law, work performed on one or two family dwellings, or construction contractors or projects.
06/21/2013 Passed Assembly. To Senate. To Senate Committee on Rules.

NY A 6001
Author: Hennessey (D)
Title: Definition of Employment Number
Disposition: Pending
Summary: Changes the definition of employment number with respect to empire zones to include employees of contract operators.
03/12/2013 Introduced. To Assembly Committee on Ways and Means.

NY A 7047
Author: Tedisco (R)
Title: Self Employed Taxpayer Credit
Disposition: Pending
Summary: Amends the Tax Law; establishes a self-employed taxpayer credit.
04/30/2013 Introduced. To Assembly Committee on Ways and Means.

NY A 8128
Author: Gunther (D)
Title: Self Employment Activities
Disposition: Pending
Summary: Provides that self employment activities, for the purposes of unemployment, shall include training and counseling on establishing a business; directs development centers and entrepreneurship support centers to track the outcomes in establishing business for program participants; directs the department of economic development to conduct a regional analysis of the effectiveness of self-employment sponsored businesses and business activity.
08/30/2013 Introduced. To Assembly Committee on Labor.

NY S 231
Author: Squadron (D)
Title: Payment of Independent Contractors
Disposition: Pending
Summary: Amends the labor law, in relation to independent contractors; provides for complaints regarding payment of independent contractors.
01/09/2013 Introduced. To Senate Committee on Labor.

NY S 232
Author: Squadron (D)
Title: Payment of Independent Contractors
Disposition: Pending
Summary: Relates to payment of independent contractors hired by clients and the filing of complaints.
01/09/2013 Introduced. To Senate Committee on Labor.

NY S 2556
Author: Golden (R)
Title: Payment of Independent Contractors
Disposition: 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; authorizes the award of attorney fees and liquidated damages; excludes construction contractors.
04/22/2013 From Senate Committee on Labor.

NY S 3461
Author: Krueger (D)
Title: Bicycle Operators for Commercial Purposes
Disposition: Pending
Summary: Relates to the use of bicycles for commercial purposes; defines bicycle operator; provides such bicycle operator begins and ends riding a bicycle on behalf of such business whether as an employee or independent contractor; provides for an affirmative defense related to direct compensation to a bicycle operator providing delivery services; provides for wheeled motor-assisted device which a person or persons may ride that is not capable of being registered by the state department of motor vehicles.
06/11/2013 Amended on Senate floor.

NY S 3624
Author: Lanza (R)
Title: Earnings From Self Employment During Tax Year
Disposition: Pending
Summary: Amends the Tax Law; exempts the first $1,250,000 of earnings from self-employment during any tax year, from the metropolitan commuter transportation mobility tax.
02/07/2013 Introduced. To Senate Committee on Investigations and Government Operations.

NY S 5277
Author: Valesky (D)
Title: Self Employment Activities
Disposition: Pending
Summary: Provides that self employment activities, for the purposes of unemployment, shall include training and counseling on establishing a business; directs development centers and entrepreneurship support centers to track the outcomes in establishing business for program participants; directs the department of economic development to conduct a regional analysis of the effectiveness of self-employment sponsored businesses and business activity.
06/20/2013 To Assembly Committee on Labor.

NY S 5445
Author: Marcellino (R)
Title: Independent Contractors
Disposition: Pending
Summary: Amends the Public Officers Law; defines certain independent contractors who install temporary traffic controls as employees for purposes of defense and indemnification.
05/16/2013 Introduced. To Senate Committee on Finance.

NY S 5867
Author: Savino (D)
Title: Commercial Goods Transportation Industry Fair Play Act
Disposition: Enacted
Summary: Amends the State Labor Law by enacting the New York State Commercial Goods Transportation Industry Fair Play Act; provides that any person performing commercial goods transportation services for such a contractor is an employee unless the person is a separate business entity that meets specified criteria, in which case the person shall be an independent contractor; updates the term employee in the State Workers' Compensation Law to include a person providing such services.
06/21/2013 Passed Assembly. Delivered to Governor (signed into law in 2014)

North Carolina

NC H 163
Author: Samuelson (R)
Title: Taxicab Drivers
Disposition: Pending - Carryover
Summary: Establishes a rebuttable presumption that certain taxicab drivers are independent contractors and not employees under the workers' compensation act.
11/01/2013 2013 General Assembly - First Session Adjourned - Carried Over to 2014 General Assembly - Second Session.

Ohio

OH H 338
Author: McGregor R (R)
Title: Motor Transportation Company Employees
Disposition: Pending
Summary: Establishes a test to determine whether an individual providing services for or on behalf of certain motor transportation companies is considered an employee under Ohio's Overtime, Workers' Compensation, and Unemployment Compensation Laws.
11/12/2013 To House Committee on Commerce, Labor and Technology.

OH H 347
Author: Phillips (D)
Title: Employees
Disposition: Pending
Summary: Creates a generally uniform definition of employee for specified labor laws; creates a uniform standard to determine whether an individual performing services for an employer is an employee of that employer.
11/19/2013 To House Committee on Commerce, Labor and Technology.

Oklahoma

OK H 1828
Author: Armes (R)
Title: Mortgage Lenders
Disposition: Enacted
Summary: Relates to the Secure and Fair Enforcement for Mortgage Licensing Act; includes mortgage lenders in various provisions of the Act, including provisions concerning the Nationwide Mortgage Licensing System and Registry; relates to the effective period of licenses, renewal fees, license display requirements, sponsoring of independent contractor applicants, administrative hearings, continuing education requirements, the financial condition of licensees, and multi-state mortgage examinations.
04/22/2013 Enacted. Chapter No. 98

OK S 1031
Author: Sykes (R)
Title: Solicitation of Employees
Disposition: Enacted
Summary: Relates to solicitation of employees; provides that a contract or contractual provision which prohibits an employee or independent contractor of a person or business from soliciting, directly or indirectly, actively or inactively, the employees or independent contractors of that person or business to become employees or independent contractors of another person or business shall not be construed as a restraint from exercising a lawful profession, trade or business of any kind.
04/29/2013 Enacted. Chapter No. 194

Oregon

OR D 1403
Author: House Health Care Committee
Title: Payroll Tax
Disposition: Failed - Adjourned
Summary: Establishes payroll tax and net earnings from self-employment tax.
12/17/2012 Filed.

OR D 1868
Author: House General Government and Consumer Protection Committee
Title: Appraisal Management Company
Disposition: Failed - Adjourned
Summary: Reduces amount of time that appraisal management company has to make payment to independent contractor appraiser for completion of appraisal or appraisal review assignment.
12/07/2012 Filed.

OR H 2061
Author: House General Government and Consumer Protection Committee
Title: Appraisal Review Assignment
Disposition: Enacted
Summary: Reduces the amount of time that appraisal management company has to make payment to independent contractor appraiser for completion of appraisal or appraisal review assignment.
06/13/2013 Chaptered. Chapter No. 364

OR H 2126
Author: House Health Care Committee
Title: Payroll Tax
Disposition: Failed
Summary: Establishes payroll tax and net earnings from self-employment tax; continuously appropriates moneys to Department of Revenue to cover expenses of administration of taxes; establishes income and corporate excise tax credit for health benefit plan coverage premium costs incurred by employers in providing health benefit coverage to employees and dependents; limits amount of credit; establishes Oregon Healthcare Payroll Tax Fund.
07/08/2013 In committee upon adjournment.

OR H 2907
Author: House Business and Labor Committee
Title: Bureau of Labor
Disposition: Failed
Summary: Requires Bureau of Labor and Industries to establish full-time equivalent position for investigator to investigate misclassification of employees as independent contractors; directs bureau to assess civil penalties for misclassification; declares emergency, effective July 1, 2013.
07/08/2013 In committee upon adjournment.

OR H 3147
Author: House Business and Labor Committee
Title: Service Performed in the Operation of Certain Vehicles
Disposition: Failed
Summary: Provides that, for purposes of exclusion of service performed in operation of certain vehicles from definition of "employment" under unemployment compensation law, removes requirement that service be performed for entity operated by board of owner-operators elected by members of entity.
07/08/2013 In committee upon adjournment.

Pennsylvania

PA H 1016
Author: Caltagirone (D)
Title: Construction Workplace Misclassification
Disposition: Pending
Summary: Amends the act of October 13, 2010 (P.L.506, No.72), known as the Construction Workplace Misclassification Act; further provides for improper classification and for criminal penalties.
03/18/2013 Introduced. To House Committee on Labor and Industry.

PA H 1689
Author: Adolph (R)
Title: Unemployment Benefits for Small Business Owners
Disposition: Pending
Summary: Amends the Unemployment Compensation Law, in compensation; further provides for eligibility of officers of corporation deemed to be self-employed persons.
09/19/2013 Introduced. To House Committee on Labor and Industry.

Rhode Island

RI H 5388
Author: Ucci (D)
Title: Labor Relations Employment Security
Disposition: Withdrawn
Summary: Would clarify the definition of independent contractor by providing a presumption that a person is an employee unless certain specific conditions are met. This act would take effect upon passage.
06/12/2013 Withdrawn at Sponsor's request.

RI H 5577
Author: Ucci (D)
Title: Employment Security General Provisions
Disposition: Withdrawn
Summary: Would provide that the determination whether a person is an employee or independent contractor shall follow the IRS code, and also that a person performing any service except under section 28-42-18 would be presumed an employee with certain exceptions. This act would take effect upon passage.
06/12/2013 Withdrawn at Sponsor's request.

RI H 6153
Author: Ucci (D)
Title: Labor Relations E
Disposition: Pending
Summary: Would grant jurisdiction to the workers' compensation court to decide whether an individual is an employee or an independent contractor in a number of various labor contexts. This act would take effect upon passage.
06/11/2013 In House Committee on Labor. Committee Recommends Measure held for further study.

RI S 368
Author: McCaffrey (D)
Title: Labor Relations Employment Security
Disposition: Pending
Summary: Grants jurisdiction to the workers' compensation court to decide whether an individual is an employee or an independent contractor in a number of various labor contexts; takes effect upon passage.
06/27/2013 To House Committee on Labor.

RI S 572
Author: Gallo (D)
Title: Labor and Labor Relations Employment Security
Disposition: Pending
Summary: Would provide that the determination whether a person is an employee or independent contractor shall follow the IRS code, and also that a person performing any service except under section 28-42-18 would be presumed an employee with certain exceptions. This act would take effect upon passage.
04/10/2013 In Senate Committee on Labor: Committee recommends measure to be held for further study.

Tennessee

TN H 253
Author: Jernigan (D)
Title: Unemployment Compensation
Disposition: Pending - Carryover
Summary: Relates to unemployment compensation; implements a self-employment assistance program for persons who are eligible for regular unemployment compensation.
01/31/2013 In House Committee on Consumer and Human Resources: Referred to Subcommittee on Consumer and Human Resources.

TN H 551
Author: Curtiss (D)
Title: Employees and Employers
Disposition: Pending - Carryover
Summary: Relates to Employees; relates to Employers; creates a civil penalty for any construction services provider to misclassify employees to avoid proper classification for premium calculations by concealing any information pertinent to the computation and application of an experience rating modification factor or by materially understating or concealing the amount of the construction services provider's payroll, the number of the construction services provider's employees, and any of the construction services.
04/18/2013 In House. Substituted on House floor by S 833

TN H 1009
Author: Turner M (D)
Title: Misclassifying Individuals as Independent Contractors
Disposition: Pending - Carryover
Summary: Relates to Contractors; subjects certain contractors submitting bids on certain public projects to penalties for failing to register with the Department of Revenue and intentionally misclassifying individuals as independent contractors to avoid financial implications under other laws; authorizes the Department of Revenue, the chief procurement officer and the Department of Labor and Workforce Development to coordinate enforcement of such provisions.
02/13/2013 In House Committee on Business and Utilities: Referred to Subcommittee on Business and Utilities.

TN S 519
Author: Burks (D)
Title: Workers Compensation
Disposition: Enacted
Summary: Relates to workers compensation; allows construction worker employees to be exempt from certain workers' compensation requirements if such individual is a member of a recognized religious sect or division and is conscientiously opposed to acceptance of the benefits provided by the workers' compensation laws; requires payment of fees into the employment misclassification education fund; relates to an exemption from Social Security and Medicare taxes; includes sole proprietors.
05/22/2013 Public Chaptered. Chapter No. 476

TN S 580
Author: Haile (R)
Title: Unemployment Compensation
Disposition: Pending - Carryover
Summary: Relates to Unemployment Compensation; implements a self-employment assistance program for persons who are eligible for regular unemployment compensation.
02/06/2013 To Senate Committee on Commerce and Labor.

TN S 812
Author: Finney L (D)
Title: Contractors Submitting Bids
Disposition: Pending - Carryover
Summary: Relates to Contractors; subjects certain contractors submitting bids on certain public projects to penalties for failing to register with the Department of Revenue and intentionally misclassifying individuals as independent contractors to avoid financial implications under other laws; authorizes the Department of Revenue, the chief procurement officer and the Department of Labor and Workforce Development to coordinate enforcement of such provisions.
03/19/2013 In Senate Committee on Commerce and Labor: Referred to General Subcommittee.

TN S 833
Author: Ketron (R)
Title: Construction Services Provider
Disposition: Enacted
Summary: Relates to misclassification of employees; creates a civil penalty for a construction services provider who misclassifies employees to avoid proper classification for worker compensation premium calculations by concealing information pertinent to the computation and application of an experience rating modification factor or by materially understating or concealing the amount of the construction services provider's payroll, the number of employees, and any of the construction services.
05/22/2013 Public Chaptered. Chapter No. 424

Texas

TX H 2015
Author: Davis S (R)
Title: Governmental Contract Worker Classification
Disposition: Enacted
Summary: Relates to the proper classification of workers performing services under governmental contracts; requires a person who contracts with a governmental entity to provide a service to properly classify as an employee or independent contractor; provides for a person directly retained and compensated who contracts with a government entity; requires a person who fails to properly classify an individual to pay to the commission a penalty for each individual that the person has not properly classify.
06/27/2013 Filed with Secretary of State. Chapter No. 335

Utah

UT S 22
Author: Valentine (R)
Title: Worker Classification Coordinated Enforcement Council
Disposition: Enacted
Summary: Modifies a provision relating to the Worker Classification Coordinated Enforcement Act; modifies the date the Worker Classification Coordinated Enforcement Act is repealed.
04/26/2013 Chaptered. Chapter No. 54

Vermont

VT H 170
Author: Bouchard (R)
Title: Independent Contractors
Disposition: Pending - Carryover
Summary: Relates to independent contractors.
02/05/2013 To House Committee on Commerce and Economic Development.

Virginia

VA S 879
Author: Puckett (D)
Title: Employee Misclassification Task Force
Disposition: Failed
Summary: Relates to Employee Misclassification Task Force; establishes the Employee Misclassification Task Force to, among other things, develop and recommend legislation to provide a clear and consistent definition of employee, to ensure conformance with relevant federal tax laws; provides that the provisions of the bill shall expire on July 1, 2018.
02/18/2013 Left in committee.

Washington

WA H 1440
Author: McCoy (D)
Title: Fairness to Employers by Protecting Employees
Disposition: Pending - Carryover
Summary: Creates a new test to determine whether an individual is an independent contractor for purposes of the new Employee Fair Classification Act, the Minimum Wage Act, the Wage Payment Act, and laws on prevailing wage, wage deductions, industrial insurance, and unemployment compensation; prohibits retaliation against employees and permits enforcement in administrative proceedings and in court; creates a statutory lien for wage claims.
11/07/2013 2013 3rd Special Session Action: By Order of Resolution - Reintroduced and retained in present status.

WA H 1659
Author: Sells (D)
Title: Independent Contractors
Disposition: Pending - Carryover
Summary: Clarifies the employment status of independent contractors in the news business.
11/07/2013 2013 3rd Special Session Action: By Order of Resolution - Reintroduced and retained in present status.

WA S 5476
Author: Hewitt (R)
Title: Employment Status of Independent Contractors
Disposition: Enacted
Summary: Provides that the exclusions from unemployment insurance, industrial insurance, and the minimum wage for certain newspaper services are modified and made consistent; provides that newspaper vendors, carriers, or delivery persons selling or distributing newspapers on the street, to offices, to businesses, or from house to house are excluded; excludes any freelance news correspondence or stringer who, using their own equipment, submits material for free or a fee when the material is published.
05/03/2013 Chapter No. 141

WA S 5526
Author: Conway (D)
Title: Employee Protection
Disposition: Pending - Carryover
Summary: Finds that improving compliance with wage-related laws will help address the problems of the underground economy, level the playing field for honest employers and contractors, and protect workers; establishes the Employee Fair Classification Act; creates the Employee Fair Classification Act Account.
05/13/2013 2013 1st Special Session Action: By Order of Resolution - Reintroduced and retained in present status.

WA S 5729
Author: Braun (R)
Title: Real Estate Brokers Licensed
Disposition: Pending - Carryover
Summary: Clarifies that real estate brokers licensed under chapter 18.85 RCW are independent contractors.
05/13/2013 2013 1st Special Session Action: By Order of Resolution - Reintroduced and retained in present status.

Wisconsin

WI A 358
Author: Severson (R)
Title: Independent Contractors
Disposition: Pending
Summary: Relates to exclusion of certain independent contractors from coverage under the worker's compensation law and the unemployment insurance law.
09/13/2013 Introduced. To Assembly Committee on Labor.

WI S 276
Author: Harsdorf (R)
Title: Independent Contractors
Disposition: Pending
Summary: Relates to exclusion of certain independent contractors from coverage under the worker's compensation law and the unemployment insurance law.
08/29/2013 Introduced. To Senate Committee on Workforce Development, Forestry, Mining, and Revenue.

Wyoming

WY S 153
Author: Landen (R)
Title: Unemployment Insurance
Disposition: Enacted
Summary: Relates to unemployment insurance; amends the exclusion from coverage for newspaper carriers to include direct sellers or independent contractors; provides exclusion criteria.
03/13/2013 Signed by Governor. Chapter No. 152

Source: StateNet Database, 2013 year-end bill tracking.