SB 313 - This act provides that any worker who is not an independent contractor and who performs services for an employer shall be classified as an employee. The act further defines independent contractor as any person who: • Has signed a written contract with an employer that states the employer's intent to retain the services of the person as an independent contractor and additionally contains certain acknowledgments detailed in the act;
• Has filed, intends to file, or is contractually required to file, in regard to the fees earned from work, an income tax return with the Internal Revenue Service for a business or for earnings from self-employment;
• Provides his or her services through a business entity;
• Has the right to control the manner and means by which the work is to be accomplished, even though he or she may not have control over the final result of the work; or
• Otherwise meets certain criteria put forth in the act.
The act further provides that no political subdivision of the state shall enact a law conflicting with the provisions of state law regulating the misclassification of workers.
This act is similar to HCS/HB 1137 (2019).
SCOTT SVAGERA