Budget Amendment ID: FY2013-S4-247

ECO 247

Independent Contractors

Mr. McGee moved that the proposed new text be amended by inserting after section ___ the following new section:-

“SECTION ___ The General Laws are hereby amended by inserting after chapter 149, section 147H the following section:-

SECTION 147I

INDEPENDENT CONTRACTORS

(a) An individual whose work is performed solely in his/her place of residence shall be exempt from the requirements of M.G.L. c. 149, 148B(a)(2), but not sections (a)(1) and (a)(3). This section does not apply to individuals who work with or for the individual.

(b) The exception provided in paragraph (a) of this section shall not apply to an individual who has been coerced, threatened or intimidated into establishing an independent business nor shall it apply to individuals who telecommute or work remotely from home.

(c) Each individual seeking this exemption shall register with the Secretary of State and shall be issued without a fee. The registration shall contain, at a minimum, the following information: name of the individual seeking the exemption, the nature of the independently established business, the address of the residence at which the work is performed and proof that the address listed is the applicant's legal residence. The Secretary of State shall issue regulations necessary to ensure registration under this section. The document shall be typewritten, printed or in such other form as the Secretary of State shall prescribe. The document shall be executed by the individual seeking the exemption. The registration shall be renewed every three years.