HOUSE DOCKET, NO. 3043 FILED ON: 1/21/2011
HOUSE . . . . . . . . . . . . . . . No. 2874
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Louis L. Kafka
_______________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying:
An Act relative to independent contractors.
_______________
PETITION OF:
Name: | District/Address: |
Louis L. Kafka | 8th Norfolk |
HOUSE DOCKET, NO. 3043 FILED ON: 1/21/2011
HOUSE . . . . . . . . . . . . . . . No. 2874
By Mr. Kafka of Stoughton, a petition (accompanied by bill, House, No. 2874) of Kafka relative to certain independent contractors under the labor laws Joint Committee on Labor and Workforce Development. |
The Commonwealth of Massachusetts
An Act relative to independent contractors.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 148B of Chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the word “and,” in line 8, and inserting in place thereof the following word:- or.
SECTION 2. Section 148B of Chapter 149, as so appearing, is further amended by inserting after subsection (a) the following subsection:
“(a½) Notwithstanding the provisions of subsection (a) to the contrary, for the purposes of this chapter and chapter 151, an individual performing a service, except as authorized under this chapter, for an employer classified by the federal North American Industry Classification System as a sector 23 establishment, shall be considered an employee unless the individual meets all 3 requirements in clauses (1) to (3), inclusive, of said subsection (a).”
SECTION 3. Chapter 149 of the General Laws, as so appearing, is hereby amended by inserting after Section 147H the following section:
“Section 147I. It shall be considered a felony to coerce, threaten, or intimidate an individual into establishing an independent business.”
SECTION 4. Any person or persons creating intellectual property as defined and protected by federal copyright law, federal licensing laws, or any other applicable federal, state, or international law or treaty governing intellectual property, shall be exempted from the provisions of Section 148B of Chapter 149 of the General Laws, as appearing in the 2008 Official Edition.
