An Act relative to the definition of an independent contractor
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Overview
This bill seeks to clarify the legal definition of an ‘independent contractor’ in Massachusetts. Currently, the distinction between an independent contractor and an employee can be unclear, leading to disputes over worker classification and related rights and responsibilities. The bill aims to establish a more precise definition, potentially impacting how businesses categorize their workers and how state laws apply to those workers.
Key provisions
- Defines ‘independent contractor’ based on factors such as control over work, opportunity for profit or loss, and investment in tools and equipment.
- Specifies that the primary purpose of the worker’s activity is to generate profit, not simply to provide a service.
- Addresses the level of control the hiring entity exercises over the worker’s work process.
- Clarifies that an independent contractor retains control over their work schedule and methods.
- Establishes a framework for determining worker classification that considers both behavioral and relational factors.
Who is affected
- Businesses and employers in Massachusetts
- Workers classified as independent contractors
- State agencies responsible for labor and employment regulations
- Legal professionals and attorneys
- Workers’ compensation boards
Notable changes
Bill text
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Sponsors
Official sponsors from legislative records.
5 on record
Primary sponsor
Bradley H. Jones Jr.
Cosponsors
Bradley H. Jones Jr.
Kimberly N. Ferguson
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