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IN SB0371
Bill
Status
1/10/2019
Primary Sponsor
Philip Boots
Click for details
AI Summary
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Workers at licensed premises are presumed to be independent contractors if they possess an employer ID or Social Security number (or filed self-employment taxes), are required to hold necessary licenses/insurance, and meet at least 3 of 5 additional criteria related to work autonomy.
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The 5 criteria include: control over work methods, control over work schedule, ability to work for multiple clients, authority to hire assistants, and making substantial business investments in tools/equipment/workspace.
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The presumption applies to enforcement of minimum wage, wage payment frequency, wage claims, employee breaks, worker's compensation, unemployment compensation, OSHA requirements, and civil rights laws.
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The presumption can be rebutted with competent evidence, and hearings to challenge the presumption may be held in closed executive session.
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Failing to meet the independent contractor criteria does not automatically create a presumption that the worker is an employee.
Legislative Description
Presumption of worker status. Establishes a presumption that a worker performing work at a licensed premises is an independent contractor if certain conditions are met. Provides that the presumption applies for purposes of construing statutes concerning the minimum wage, frequency of wage payments, wage claims, employee breaks, worker's compensation and occupational diseases compensation, unemployment compensation, the Indiana Occupational Safety and Health Act, and civil rights enforcement. Provides that the presumption may be rebutted with competent evidence and that a meeting or hearing held to rebut the presumption may be held as an executive session under the public meetings law. Provides that, if a worker does not satisfy the conditions and the presumption does not apply to the worker, a presumption is not created that the worker is an employee.
Last Action
First reading: referred to Committee on Pensions and Labor
1/10/2019