H 2129
An Act relative to the definition of an independent contractor
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- Passed Senate
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Bill overview
This bill aims to clarify the legal definition of an ‘independent contractor’ in Massachusetts. Currently, the distinction between employees and independent contractors can be unclear, leading to disputes over worker rights and obligations. The bill proposes a specific set of criteria to determine whether a worker is classified as an independent contractor, focusing on control and economic independence. This clarification seeks to provide greater certainty for both businesses and workers regarding their legal classifications.
Key provisions
- Establishes a framework for determining independent contractor status.
- Focuses on the degree of control the hiring entity has over the worker’s work.
- Considers the economic realities of the relationship, including opportunity for profit or loss.
- Requires a written agreement outlining the terms of the relationship.
- Specifies that the worker has the opportunity to work for other clients.
- Addresses the use of employee benefits and expenses as indicators of employment.
Who is affected
- Businesses that hire workers
- Workers classified as independent contractors
- State agencies responsible for labor enforcement
- Legal professionals
- Human resources departments
Notable changes
- The bill introduces a more detailed and specific definition of ‘independent contractor’ than existing law.
- It shifts the focus from simply stating a worker is self-employed to evaluating the nature of the working relationship.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Jr. Bradley H. Jones
Cosponsors
Jr. Bradley H. Jones
Kimberly N. Ferguson
Paul K. Frost
Todd M. Smola
Arguments in favor
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Bill H.2129 194th (Current)
An Act relative to the definition of an independent contractor
By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 2129) of Bradley H. Jones, Jr. and others relative to individuals performing services. Labor and Workforce Development.
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Bill Information
Bill Information
Presenter: Bradley H. Jones, Jr.
Tabs
Bill History Petitioners Committee Vote
Bill History
Displaying 5 actions for Bill H.2129
| Date | Branch | Action |
| 2/27/2025 | House | Referred to the committee on Labor and Workforce Development |
| 2/27/2025 | Senate | Senate concurred |
| 6/12/2025 | Joint | Hearing scheduled for 06/18/2025 from 01:00 PM-04:00 PM in B-1 |
| 9/8/2025 | House | Reporting date extended to Wednesday, December 3, 2025 |
| 3/5/2026 | House | Accompanied a study order, see H5180 |
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