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IN SB0289
Bill
Status
2/18/2019
Primary Sponsor
David Niezgodski
Click for details
AI Summary
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Four state agencies (Department of State Revenue, Department of Labor, Worker's Compensation Board, and Department of Workforce Development) must submit annual reports on worker misclassification to the interim study committee on employment and labor before November 1 each year for three years, beginning November 1, 2019
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Reports must include the number of employers found to have improperly classified workers as independent contractors, the total number of misclassified workers, and calculations of lost state revenue or additional costs attributable to misclassification
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Reports must also include penalties and interest assessed against violating employers, amounts collected, and the classification criteria each agency uses to determine worker status
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All reported information must be in aggregate form and cannot identify specific employers or workers
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The legislative council is urged to assign an interim study committee to examine uniformity in definitions of "employee" and "independent contractor" across the Indiana Code; reporting requirements expire December 31, 2021
Legislative Description
Reporting on worker misclassification. Requires the department of state revenue, the state department of labor, the worker's compensation board of Indiana, and the department of workforce development to report before November 1 of each year for three years, beginning November 1, 2019, to the interim study committee on employment and labor for the immediately preceding state fiscal year: (1) the number of employers that each department or the board determined during the immediately preceding state fiscal year improperly classified at least one worker as an independent contractor; (2) the total number of improperly classified workers employed by those employers; (3) the department's or board's calculation of actual revenue not collected or the additional costs to the state that the department or board attributes to the improperly classified workers; (4) the amount of the penalties and interest assessed against those employers by each department or the board, and the amount of the penalties and interest assessed that has been collected; and (5) the classification criteria used by the department to classify workers. Requires that the reports include only information in the form of aggregate statistics and not include information that can be used to identify specific employers or workers. Urges the legislative council to assign to an appropriate interim study committee the task of studying the topic of uniformity in definitions across the Indiana Code for the terms "employee" and "independent contractor".
Last Action
First reading: referred to Committee on Employment, Labor and Pensions
2/26/2019