SECTION 1. Section 148B of chapter 149 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after subsection (a) the following subsection:
(a½) Notwithstanding subsection (a), an individual who is an artist, freelance writer, editor, proofreader or indexer in the publishing industry shall be considered to be an employee under this chapter and chapter 151 unless the individual: (i) freely and voluntarily identifies, markets or promotes oneself as a freelancer, as self-employed, as a sole proprietor or as an independent business; (ii) controls and regularly negotiates the use of the individual’s intellectual property; and (iii) meets the federal standards for being an independent contractor including, but not limited to, standards developed by the United States Internal Revenue Service or Department of Labor.
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