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Bill > H1732


MA H1732

MA H1732
Providing a Safe Harbor for Contractors of Services


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to the designation of certain persons contracted for services as employees. Labor and Workforce Development.

AI Summary

This bill proposes changes to existing Massachusetts law, specifically Section 148B of Chapter 149, which deals with the classification of workers. The core of the bill is to create a "safe harbor" for certain independent contractors, meaning they would be presumed to be contractors and not employees, provided they meet specific criteria. To qualify for this safe harbor, an individual must have pre-registered with the Department of Revenue as a payroll-taxpaying entity and attested that this registration is voluntary. The contract for their work must then satisfy at least one of five conditions: it must offer compensation of at least $30 per hour, $1,200 per week, or $5,160 per month; involve services requiring professional certification or licensure that the individual possesses, or be a franchise relationship compliant with Federal Trade Commission regulations; require the exercise of discretion and independent judgment, advanced knowledge, or creativity and talent; grant the individual ownership or copyright of the work product; or be arranged and fulfilled through an online freelance project referral site. This legislation aims to provide clarity and potentially reduce misclassification of workers in service contracts.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Accompanied a study order, see H4605 (on 09/12/2016)

bill text


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