Budget Amendment ID: FY2019-S4-755

ECO 755

Independent contractor in the creative economy

Messrs. Tarr and Fattman moved that the proposed new text be amended by inserting after section __ the following new sections:-

SECTION _. Subsection (a) of section 148B of chapter 149 of the Massachusetts General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting the following clause:-

(4) or if an individual who is engaged in a profession, trade, or occupation that creates intellectual property that is or is not protected under federal copyright law, federal patent law, federal licensing laws or any other applicable federal, state or international law or treaty governing intellectual property is exempt from section 148B of chapter 149 if they meet the following:

(i) The individual identifies, markets, or promotes themselves as a freelancer, as self-employed, as a sole proprietor or as an independent business.

(ii) The individual controls and regularly negotiates the use of their intellectual property.

(iii) The individual meets the federal standards on independent contractors such, as but not limited to, the Internal Revenue Service 20 Factor Test and any Internal Revenue Service or federal industry specific independent contractor test that may exist.

The exception shall not apply to an individual who has been coerced, threatened or intimidated into establishing an independent business.

SECTION _.  Notwithstanding any general or special law to the contrary, if an individual is a member or is affiliated with a union, guild, membership organization, or professional organization, the employer of the individual is required to abide by the work standards, contracts, pay rate and/or other work practices and agreements established by said union, membership organization, professional organization, or guild.  Membership in a professional development organization, union, guild created by a specific employer for its employees and/or independent contractors shall not meet the definition of a union, guild, membership organization or professional organization.

SECTION _. Notwithstanding any general or special law there shall be a task force established on the improving the independent contractor classification in the commonwealth. The members of said task force shall be the secretary of labor and workforce development, the secretary of housing and economic development, the attorney general of the commonwealth, the chairs of the joint committee on labor and work, and the chairs of the joint committee on emerging technologies and economic development, 1 member appointed by the speaker of the house and 1 member appointed by the minority leader of the house, 1 member appointed by the senate president and 1 member appointed by the minority of the senate, 4 members appointed by the Governor, 2 representing (AIM, NFIB) and 2 representing organized labor

Said task force shall submit their findings and recommendations to the clerks of the house and senate, the joint committee on labor and workforce development, the joint committee on emerging technologies and economic development, and the house and senate ways and means committee by December 31, 2018