State Developments

State Bills Affecting Independent Contractors and their Clients

State Bill NumberTopicCurrent StatusBrief Description
State Bill NumberTopicCurrent StatusBrief Description
Indiana SB 166 Study 1/18/2018 - Senate Committee on Pensions and Labor recommended: Do Pass as Amended. Requires the Indiana Department of Revenue, Department of Labor, Worker's Compensation Board, and Department of Workforce Development to, for three years, report to the Interim Study Committee on Employment and Labor statistics on worker misclassification.
Indiana SB 305 Task Force 1/4/2018 - Referred to the Senate Committee on Pensions and Labor. Establishes the Payroll Fraud Task Force to address worker misclassification. Membership of the Task Force will include representatives from the Department of Labor, Department of Workforce Development, Department of Revenue, and Worker's Compensation Board.
Indiana HB 1286 Worker Misclassification Enforcement 1/16/2018 - Referred to the House Committee on Employment, Labor and Pensions. The bill provides that a "marketplace contractor" is an independent contractor relative to a marketplace platform - a digital network that connects marketplace contractors with third parties seeking their services - provided five conditions are satisfied.
Iowa H.S.B. 546 Worker Misclassification Enforcement 1/18/2018 - Referred to the House Committee on Commerce. The bill provides that a "marketplace contractor" is an independent contractor relative to a marketplace platform - a digital network that connects marketplace contractors with third parties seeking their services - for all purposes under state or local law provided four conditions are satisfied.
Missouri HB 1886 Worker Misclassification Enforcement 1/9/2018 - Withdrawn from further consideration. Recognizes a company's Section 530 status, but instead of exempting such qualifying taxpayer from employment taxes, the bill imposes a maximum employment tax rate of 1%.
Missouri H.B. 2156 Worker Misclassification Enforcement 1/17/2018 - Introduced. Requires the Missouri Department of Labor and Industrial Relations and the Department of Revenue to waive any penalties, fees, or fines during an audit conducted by the Department of Labor and Industrial Relations regarding worker classification if the taxpayer has been determined by the IRS to be entitled to relief from federal employment taxes under Section 530.
Nebraska LB 784 Worker Misclassification Enforcement 1/8/2018 - Referred to legislative Committee on Business and Labor. The bill prohibits a contractor from contracting with the state or any political subdivision if it has unpaid fines for misclassifying an individual as an independent contractor.
New Hampshire HB 1623 Worker Misclassification Enforcement 1/3/2018 - Referred to House Committee on Executive Departments and Administration. The bill adds (i) wage theft, (ii) violations of worker safety practices, and (iii) worker misclassification as grounds for debarring a vendor from state contracts.
New Hampshire SB 416 Worker Misclassification Enforcement 1/3/2018 - Referred to Senate Committee on Commerce. The bill provides that transportation network company drivers are presumed to be independent contractors relative to a transportation network company if a five-factor test is satisfied.
New Jersey S.B. 937 Worker Misclassification Enforcement 1/16/2018 - Referred to Senate Committee on Labor. Establishes the New Jersey Commission on Construction Industry Independent Contractor Reform to develop recommendations to address worker misclassification in the construction industry and ensure compliance with the Construction Industry Independent Contractor Act.
Vermont HB 574 Worker Misclassification Enforcement 1/9/2018 - Referred to House Committee on Commerce and Economic Development. Replaces an "ABC" test and common law test to determine whether an individual is an employee or independent contractor for purposes of state unemployment and workers' compensation statutes, respectively, with a uniform "economic realities" test.
Virginia HB 1106 Worker Misclassification Enforcement 1/10/2018 - Introduced. The bill would empower the Attorney General to engage in wide-ranging investigations of possible worker misclassification and, upon probable cause that a person has "wrongfully" misclassified an individual, file a complaint against such person in the applicable state circuit court.
Virginia HB 133 Worker Misclassification Enforcement 1/10/2018 - Referred to House Committee on Commerce and Labor. Deems home healthcare workers or home adult day care service providers who render services in the private residence of their client independent contractors for labor law, tax withholding, workers' compensation and unemployment purposes.
Washington H.B. 2812 Worker Misclassification Enforcement 1/17/2018 - Referred to House Committee on Labor and Workplace Standards. Requires businesses that "facilitate the provision of services by workers to consumers seeking the services and where the provision of services by workers is taxed under 1099 federal tax status" to make contributions to a third-party benefit provider on behalf of such workers for workers' compensation and other benefits (e.g., health insurance and retirement). It also creates the Employee Fair classification Act, which establishes significant monetary penalties for worker misclassification and establishes a uniform "ABC" test for purposes of unemployment, workers' compensation and labor law.
Washington SB 6032 Study 1/8/2018 - Referred to Senate Committee on Ways and Means. Appropriates $500,000 for fiscal year 2019 to study independent contractor relationships. The study will investigate (i) sources of income, (ii) amount of income derived from independent-contractor relationships, and (iii) benefits provided to such individuals.


Updated 1/22/2018