Protected: State Developments (Paying Members Only)

State Bills Affecting Independent Contractors and their Clients

State Bill NumberTopicCurrent StatusBrief Description
State Bill NumberTopicCurrent StatusBrief Description
Arizona H.B. 2689 Task Force 2/3/2020 - Referred to the House Committee on Rules. Establishes the Misclassification and Payroll Tax Fraud Advisory Task Force, which would study and make recommendations regarding addressing misclassification in the construction industry.
California A.B. 1925 Definition of "Employee" 2/14/2020 - Referred to the Assembly Committee on Labor and Employment. Creates a small business exemption to the "ABC" test established in the Dynamex decision and expanded by A.B. 5.
California A.B. 1928 Definition of "Employee" 2/14/2020 - Referred to the Assembly Committee on Labor and Employment. Replaces the "ABC" test established in the Dynamex decision and expanded through the recently enacted A.B. 5 with the "common-law" test established in the Borello decision.
California A.C.A. 19 Definition of "Employee" 1/15/2020 - Introduced. Amends the state Constitution to provide that the "common-law" test established in the Borello decision, and not an "ABC" test, should be used to determine whether an individual is an employee or independent contractor.
California A.B. 1850 Definition of "Employee" 2/14/2020 - Re-referred to the Assembly Committee on Labor and Employment. 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 Definition of "Employee" 1/30/2020 - Referred to Senate Committee on Labor, Public Employment and Retirement. 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 Definition of "Employee" 1/30/2020 - Referred to Senate Committee on Labor, Public Employment and Retirement. 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 writers, editors and newspaper cartoonists by eliminating the 35 annual submission cap.
California S.B. 875 Definition of "Employee" 1/30/2020 - Referred to Senate Committee on Labor, Public Employment and Retirement. Exempts from the "ABC" test established in the Dynamex decision and extended for purposes of other California statutes by 2019 A.B. 5 certain interpreters and translators.
California S.B. 881 Definition of "Employee" 2/6/2020 - Referred to the Senate Committee on Labor, Public Employment and Retirement. Expands the Professional Services exemption to the "ABC" test established by A.B. 5 to include musicians and music industry professionals.
California S.B. 963 Definition of "Employee" 2/11/2020 - Introduced. Exempts from the "ABC" test established in the Dynamex decision and extended for purposes of other California statutes by 2019 A.B. 5 certain umpires and referees.
California S.B. 966 Definition of "Employee" 2/11/2020 - Introduced. Exempts from the "ABC" test established in the Dynamex decision and extended for purposes of other California statutes by 2019 A.B. 5 certain pharmacists.
California S.B. 967 Definition of "Employee" 2/11/2020 - Introduced. Exempts the relationship between a franchisee and franchisor from the "ABC" test established in the Dynamex decision and extended for purposes of other California statutes by 2019 A.B. 5
California S.B. 975 Definition of "Employee" 2/11/2020 - Introduced. Exempts from the "ABC" test established in the Dynamex decision and extended for purposes of other California statutes by 2019 A.B. 5 certain timber operators, professional foresters, geologists and geophysicists, land surveyors, contractors who work on forested landscapes, engineers, and persons in the pest control business.
California S.B. 990 Definition of "Employee" 2/12/2020 - Introduced. Exempts transportation network companies from the "ABC" test established in the Dynamex decision and extended for purposes of other California statutes by 2019 A.B. 5
California S.B. 1039 Definition of "Employee" 2/14/2020 - Introduced. Provides that it is the intent of the legislature to develop a policy framework that facilitates independent work for those who voluntarily choose to by creating a third classification of workers who will be treated as independent contractors for some purposes and employees for others (e.g., minimum wage, workers' compensation and paid medical leave).
Georgia H.B. 276 Tax Withholding 1/30/2020 - Signed by the Governor. 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.
Illinois S.B. 3332 Worker Misclassification Enforcement 2/14/2020 - Referred to Senate Committee on Assignments. Requires independent contractors and their clients to enter into a written agreement containing certain terms, specified dates upon which independent contractors must be paid, and establishes penalties for failing to timely pay independent contractors.
Indiana S.B. 309 Worker Misclassification Enforcement 2/10/2020 - Referred to the House Committee on Rules and Legislative Procedures. Establishes the Employee Misclassification Investigation and Enforcement Fund to fund the investigation and enforcement of statutes pertaining to worker classification.
Indiana H.B. 1301 Worker Misclassification Enforcement 2/11/2020 - Referred to the Senate Committee on Pensions and Labor. Declares that a certain motor carrier safety improvement practices will not be considered when evaluating an individual's status as an employee or independent contractor, or joint employment for purposes of any state law.
Kansas S.B. 419 Worker Misclassification Enforcement 2/13/2020 - Referred to the Senate Committee on Commerce. Increases the penalties for worker misclassification.
Missouri H.B. 1920 Definition of "Employee" 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 2/13/2020 - Referred to the Senate Committee on Economic Development. Same as H.B. 1920.
Missouri S.B. 740 Worker Misclassification Enforcement 2/13/2020 - Referred to the Senate Committee on Economic Development. Substantially similar to S.B. 732.
New Jersey S.B. 863 Definition of "Employee" 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 Jersey S.B. 943 Portable Benefits 2/13/2020 - Referred to the Senate Committee on Budget and Appropriations. Requires "contracting agents" to contribute to a portable benefit system on behalf of independent contractors who use their service to find client opportunities.
New York S.B. 6699 Definition of "Employee" 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.
New York A.B. 9508 Worker Misclassification Enforcement 1/22/2020 - Referred to Assembly Committee on Ways and Means. Establishes the Digital Marketplace Worker Classification Task Force to make legislative recommendations concerning worker classification, among other topics. The bill would also authorize the Commissioner of the state Department of Labor to promulgate regulations regarding the classification of individuals providing services for a "digital marketplace company" and such regulations should consider the "ABC" test.
New York S.B. 7508 Worker Misclassification Enforcement 1/22/2020 - Referred to Senate Committee on Finance. Same as A.B. 9508.
Pennsylvania H.B. 2243 Worker Misclassification Enforcement 1/22/2020 - Referred to House Committee on Labor and Industry. Increases the penalties for worker misclassification in violation of the Construction Workplace Misclassification Act.
Pennsylvania H.B. 2289 Definition of "Employee" 2/18/2020 - Referred to the House Committee on Labor and Industry. Establishes an "ABC" test to determine whether an individual is an employee or independent contractor for purposes of the state Labor Relations Act.
Virginia H.B. 801 Worker Misclassification Enforcement Failed. 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 2/18/2020 - Senate Committee on Finance and Appropriations reported with amendment. 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 2/19/2020 - Referred to the House Committee on Appropriations. Same as H.B. 1407.
Virginia H.B. 984 Worker Misclassification Enforcement 2/17/2020 - Senate Committee on Commerce and Labor reported favorably. 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 2/17/2020 - Referred to the House Committee on Labor and Commerce. Same as H.B. 984.
West Virginia H.B. 4104 Definition of "Employee" 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 Definition of "Employee" 2/19/2020 - Senate Committee on Judiciary recommended Do Pass as Substituted. 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 2/20/2020

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