HOUSE DOCKET, NO. 2635        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1844

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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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 Massachusetts General Laws, as amended by section 26 of chapter 193 of the acts of 2004, is hereby amended by striking out paragraph (a) and inserting in place the following new paragraph: - (a) For the purpose of this chapter and chapter 151, an individual performing any service, except as authorized under this chapter, shall be considered to be an employee under those chapters unless:-

(1) the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact; and

(2) the service is performed outside the usual course of the business of the employer; or,

(3) the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.