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Pending Initiative Status, March 2010

Bill HB 263 This bill would mandate that anyone, including independent contractors, that is required to enter a residence or business to provide a service must undergo a criminal background investigation. Status as of February 28, 2010: Introduced (February 4, 2009) Source: American Trucking Association and/or Direct Selling Association

Pending Initiative Status, March 2010

Bill S 856 This bill would mandate the use of federal E-verify for those hiring employees in the state to ensure they are legally entitled to work. The definition of employee is overly broad and could be interpreted to include independent contractors. Status as of February 28, 2010: To Committee (January 14, 2010) Source: American Trucking Association and/or Direct Selling Association

Montana Legislators Pass Workers Compensation Exemption For Musicians

The state of Montana is on the verge of enacting legislation that would exempt from coverage under its Workers’ Compensation Act a contract musician. On April 29, 2009, HB 598 was passed by the legislature and transmitted to Montana Governor Brian Schweitzer (D-MT) for final review. Under current law, musicians are generally considered covered employees of the bar or venue owners that… Read more →

New York Joins New Jersey and Kansas in Targeting Misclassified Independent Contractors

New York Labor Commissioner M. Patricia Smith announced June 8, 2007, that she and Governor Eliot Spitzer are developing a plan to increase enforcement efforts aimed at companies that “illegally misclassify workers as independent contractors.” She indicated that the enforcement efforts are intended to eliminate the “law-breaking” practice of companies misclassifying workers as independent contractors in order to avoid federal… Read more →