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HI SB2694

Bill

Status

Engrossed

3/4/2016

Primary Sponsor

Rosalyn Baker

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Amends Hawaii's employment security law to provide clearer criteria for determining independent contractor status versus employee classification.

  • Establishes 20 non-exhaustive factors as guidelines for determining independent contractor status, including control over work methods, flexibility of schedule, ability to work for multiple clients, and investment in own facilities and tools.

  • Defines "independent contractor" as an individual in an independently established trade, occupation, or business with no expectation of employer-employee benefits and responsible for obtaining a general excise tax license.

  • Requires the director of labor and industrial relations to report to the legislature before the 2017 regular session on guidelines developed by the unemployment insurance coverage committee for auditors applying independent contractor criteria.

  • Requires annual reporting to the legislature on the number of determinations by the unemployment insurance division and appeals referees' office classifying workers as independent contractors versus covered employees.

Legislative Description

Employment Security; Independent Contractor; Guidelines; Department of Labor and Industrial Relations

Last Action

Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Cachola, Kawakami, Kong, Tokioka excused (4).

3/18/2016

Committee Referrals

Judiciary3/18/2016
Labor & Public Employment3/8/2016
Commerce, Consumer Protection, and Health2/19/2016
Judiciary and Labor1/27/2016

Full Bill Text

No bill text available