Protected: State Developments (Paying Members Only)

State Bills Affecting Independent Contractors and their Clients

State Bill NumberTopicCurrent StatusBrief Description
State Bill NumberTopicCurrent StatusBrief Description
California A.B. 1850 Worker Misclassification Enforcement 1/6/2020 - Introduced. Would declare the intent of the legislature to enact legislation that would further clarify the application of the decision by the California Supreme Court in Dynamex.
California S.B. 867 Worker Misclassification Enforcement 1/17/2020 - Introduced. Makes permanent the temporary exemption from the "ABC" test established in the Dynamex decision and extended for purposes of other California statutes by 2019 A.B. 5 for newspaper distributors.
California S.B. 868 Worker Misclassification Enforcement 1/17/2020 - Introduced. Expands the exemption from the "ABC" test established in the Dynamex decision and extended for purposes of other California statutes by 2019 A.B. 5 for freelance writiers, editors and newspaper cartoonists by eliminating the 35 annual submission cap.
California S.B. 875 Worker Misclassification Enforcement 1/21/2020 - Introduced. Exempts from the "ABC" test established in the Dynamex decision and extended for purposes of other California statutes by 2019 A.B. 5 for certain interpreters and translators.
Georgia H.B. 276 Tax Withholding 1/16/2020 - Eligible for the Governor's desk. Requires certain marketplace facilitators and sellers to collect and remit sales tax.
Illinois H.B. 4051 Worker Misclassification Enforcement 1/13/2020 - Referred to House Committee on Rules. Permits a Transportation Network Company ("TNC") and a driver to establish by contract that the driver is an independent contractor relative to the TNC.
Indiana S.B. 309 Worker Misclassification Enforcement 1/10/2020 - Referred to Senate Committee on Tax and Fiscal Policy. Establishes the Employee Misclassification Investigation and Enforcement Fund to fund the investigation and enforcement of statutes pertaining to worker classification.
Missouri H.B. 1920 Worker Misclassification Enforcement 1/8/2020 - Introduced. Replaces a "common-law" test with a multi-factor statutory test to determine whether an individual is an employee or independent contractor for purposes of a provision pertaining to penalties for worker misclassification.
Missouri S.B. 732 Worker Misclassification Enforcement 1/8/2020 - Introduced. Same as H.B. 1920.
Missouri S.B. 740 Worker Misclassification Enforcement 1/8/2020 - Introduced. Substantially similar to S.B. 732.
New Jersey S.B. 863 Worker Misclassification Enforcement 1/14/2020 - Referred to Senate Committee on Labor. Adopts an "ABC" test to determine whether an individual is an employee or independent contractor for unemployment and related purposes.
New Jersey S.B. 4204 Worker Misclassification Enforcement Withdrawn. Adopts an "ABC" test to determine whether an individual is an employee or independent contractor for unemployment and related purposes.
New Jersey A.B. 5839 Worker Misclassification Enforcement 1/20/2020 - Signed by the Governor. Authorizes the Commission of Labor and Workforce Development to assess a monetary penalty for violating a state wage, benefit and tax law due to worker misclassification.
New Jersey S.B. 4230 Worker Misclassification Enforcement 1/13/2020 - Substituted by A.B. 5839. Same as A.B. 5839.
New Jersey A.B. 5840 Worker Misclassification Enforcement 1/20/2020 - Signed by the Governor. Holds a client-employer and a labor contractor providing workers to the client jointly liable for violations of the workers' compensation, unemployment and related statutes as a result of worker misclassification.
New Jersey S.B. 4225 Worker Misclassification Enforcement 1/9/2020 - Substituted by A.B. 5840. Substantially the same as A.B. 5840.
New Jersey A.B. 5841 Worker Misclassification Enforcement 1/13/2020 - Substituted by S.B. 4226. Permits the state Department of Labor and Workforce Development to post information of a person who violates wage, benefit and tax laws.
New Jersey S.B. 4226 Worker Misclassification Enforcement 1/20/2020 - Signed by the Governor. Same as A.B. 5841.
New Jersey A.B. 5842 Worker Misclassification Enforcement 1/13/2020 - Substituted by S.B. 4228. Permits the Division of Taxation to share with the Department of Labor and Workforce Development any information including, but not limited to, tax information statements, reports, or audit files for the purpose of assisting in investigations of any state wage, benefit and tax law.
New Jersey S.B. 4228 Worker Misclassification Enforcement 1/20/2020 - Signed by the Governor. Same as A.B. 5842.
New Jersey A.B. 5843 Worker Misclassification Enforcement 1/20/2020 - Signed by the Governor. Requires employers to pose a notice in its workplace, which addresses worker misclassification.
New Jersey S.B. 4227 Worker Misclassification Enforcement 1/13/2020 - Substituted by A.B. 5843. Same as A.B. 5843.
New York S.B. 6699 Unemployment 1/8/2020 - Referred to Senate Committee on Labor. Replaces a "common-law" test with an "ABC" test to determine an individual's status, as an employee or independent contractor, for unemployment and workers' compensation purposes.
Virginia H.B. 801 Worker Misclassification Enforcement 1/8/2020 - Referred to Committee on Labor and Commerce. Establishes a presumption that an individual performing construction labor services for a contractor is an employee of the contractor unless an "ABC" test is satisfied and provides for monetary penalties for worker misclassification.
Virginia H.B. 1407 Worker Misclassification Enforcement 1/8/2020 - Referred to House Committee on Finance. Establishes monetary penalties for worker misclassification and permits the Tax Commissioner to work with and share information with the following agencies to address worker misclassification: Department of Labor and Industry; Virginia Employment Commission; Department of Small Business and Supplier Diversity; Department of General Services; Workers' Compensation Commission; and Department of Professional and Occupational Regulation.
Virginia S.B. 744 Worker Misclassification Enforcement 1/8/2020 - Referred to Senate Committee on Finance and Appropriations. Same as H.B. 1407.
Virginia H.B. 984 Worker Misclassification Enforcement 1/8/2020 - Referred to House Committee on Labor and Commerce. Permits an individual who has been misclassified to bring a civil action for damages against his employer, if the employer knowingly misclassified the individual and clarifies that a common-law test shall be used to determine whether the individual is an employee or independent contractor thereunder.
Virginia S.B. 894 Worker Misclassification Enforcement 1/8/2020 - Referred to Senate Committee on Commerce and Labor. Same as H.B. 984.
West Virginia H.B. 4104 Unemployment and Workers' Compensation 1/16/2020 - Referred to House Committee on Government Organization. Replaces an "ABC" test with a 20-factor "common-law" test for unemployment and workers' compensation purposes.
West Virginia S.B. 528 Unemployment and Workers' Compensation 1/17/2020 - Referred to Senate Committee on Judiciary. Replaces an "ABC" test with a multi-factor statutory test to determine whether an individual is an employee or independent contractor for purposes of a provision pertaining to penalties for worker misclassification.


Updated 1/23/2020

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