Bill Creating Uniform “Employee” Definition Goes to Committee

Bill: H 523

Creates generally uniform definition of “employee” for purposes of minimum fair wage standards, bimonthly pay, prevailing wage, workers’ compensation, unemployment compensation, and income tax laws. IC definition as proposed consists of ABC Test with additional four factors with burden of proof on party asserting IC status. Makes a “delivery driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages, laundry, parcels, freight, dry-cleaning services, or similar products” an employee for purposes of the unemployment act. Requires inter-agency communication and makes a determination of misclassification by the Director of Commerce binding on other departments. Requires Know Your Rights Notice and provides for private (and representative) causes of action and debarment from state contracts.

Status as of May 31, 2010: To Committee (May 25, 2010)

Source: American Trucking Association and/or Direct Selling Association