HI SB3106

Amends Hawaii Revised Statutes Section 383-6 to replace the existing three-part test for independent contractor status with three categories and twelve factors that the Department of Labor and Industrial Relations must apply using a preponderance standard.

Establishes three categories for determining independent contractor status: behavioral control (instructions and training provided), type of relationship (contracts, benefits, permanency, and centrality to business), and financial control (tax licenses, business expenses, investment, market availability, payment method, and profit/loss potential).

Requires the Department of Labor and Industrial Relations to submit reports to the legislature prior to each regular session regarding determinations made under the new criteria by the unemployment insurance division and appeals referee's office.

Provides that the degree of importance of each factor may vary depending on occupation and individual facts as determined by the Department.

Effective date is January 1, 2045.