Illinois A.B. 4733
Status: Second Reading, March 27, 2014
This bill would clarify that Section 225 of the Unemployment Insurance Act, as amended by this bill, not the provisions of Section 212, control the determination of employment status for services performed by individuals in the delivery or distribution of shopping news.
Additionally, under this bill, the test laid out in Section 225(C) for the delivery or distribution of newspapers or shopping news to the ultimate consumer would remain. However, this bill also spells out a list of factors to consider in making the determination. The bill specifies that the factors are limited to those listed, and are to be taken in the disjunctive, not in the conjunctive. Not every factor must be satisfied in order to determine that an independent contractor relationship exists. The factors are:
(a) The individual gains the profits and bears the losses of the business enterprise.
(b) The employing unit does not represent the individual as an employee of the firm to its customers.
(c) The individual hires his or her own helpers or employees, without the employing unit’s approval, and pays them without reimbursement from the employing unit.
(d) The individual has the right to perform similar services for others on whatever basis and whenever he or she chooses.
(e) Once the individual leaves the premises of the newspaper or printing plant, the individual operates free from the direction and control of the newspaper, except as is necessary for the newspaper to ensure quality control of the newspaper, including, but not limited to, the condition of the newspapers upon delivery and the location and timing of delivery of the newspapers.
