Amendment ID: S2546-3

Amendment 3

Providing a safe harbor for contractor of services

Messrs. Tarr and Ross move that the proposed new draft be amended by inserting after section _ the following section:-

“SECTION _. There shall be an independent contractor task force to study and make recommendations on independent contractor status in the commonwealth. The task force shall consist of the following members or their designees: the secretary of housing and economic development; the secretary of labor and workforce development; the attorney general; the house chair of the joint committee on labor and workforce development who shall serve as co-chair of the task force; 1 person to be appointed by the speaker of the house of representatives; 1 person to be appointed by the minority leader of the house of representatives; the senate chair of the joint committee on labor and workforce development who shall serve as co-chair of the task force; 1 person to be appointed by the senate president; 1 person to be appointed by the minority leader of the senate; and 6 persons to be appointed by the governor, 1 of whom shall be an economist experienced in labor and workforce development; 1 of whom shall be an attorney experienced in labor and workforce development; 2 of whom shall be representatives from labor unions selected from a list of 3 nominees from the Massachusetts Building Trades Council and 2 of whom shall be representatives from business associations.

The task force shall study and make recommendations on independent contractor status in the commonwealth and shall examine the practices of neighboring states and other relevant jurisdictions. The task force shall provide an analysis of: (i) individuals who are required to be classified as employees who should be, or wish to be, classified as independent contractors; (ii) individuals misclassified as independent contractors who should be classified as employees;  (iii) uncertainty of independent contractor or employee status due to the burgeoning shared and on-demand economy in the commonwealth (iv) the economic impact of an employee or independent contractor designation on an individual and on the employer or party relying on the services of an independent contractor or employee; and (v) models of employee classification in other jurisdictions including, but not limited to, a dependent contractor designation.

The task force shall convene its first meeting not later than 90 days after the effective date of this act and shall submit a report, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the senate and house of representatives, the joint committee on labor and workforce development and the house and senate committees on ways and means not later than December 31, 2019."