HOUSE DOCKET, NO. 528        FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1695

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jennifer E. Benson

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the definition of an employee.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Jennifer E. Benson

37th Middlesex

1/11/2013


HOUSE DOCKET, NO. 528        FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1695

By Ms. Benson of Lunenburg, a petition (accompanied by bill, House, No. 1695) of Jennifer E. Benson relative to freelancers in the definition of employees  under the labor laws.  Labor and Workforce Development.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3546 OF 2011-2012.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act relative to the definition of an employee.

 

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 General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “unless”, in line 3, the following words:--  (i) the individual annually certifies in writing to the department that he is a freelancer and should not be classified as an employee because:

(1) he is an independent contractor providing services as a visual artist, writer, photographer or designer; and

(2) he contracts with multiple entities; and

(3) he has not been coerced, threatened or intimidated into signing the certification; or (ii).

SECTION 2.  The department of labor and workforce development shall promulgate regulations relative to the certifications of freelancers under section 148B of chapter 149 of the General Laws on or before January 1, 2012.