By Ms. Edwards, a petition (accompanied by bill, Senate, No. 1305) of Lydia Edwards, Michael D. Brady, Patricia D. Jehlen, John F. Keenan and others for legislation to establish protections and accountability for Delivery Network Company workers, consumers, and communities. Labor and Workforce Development.
This bill amends Massachusetts' Paid Family Medical Leave Law by updating key definitions. It redefines a "covered business entity" as any business where 50% or more of its workforce consists of non-employee contractors (not classified as employees under Chapter 151A). It also redefines a "covered contract worker" as an individual not classified as an employee who requires employers to contribute to the Family and Employment Security Trust Fund. These changes directly affect businesses using significant contractor labor and those contract workers now eligible for the leave program. The bill adjusts the legal definitions to expand eligibility under the existing leave law, without changing benefit amounts or core program rules.
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1373) of Bruce E. Tarr for legislation to provide a safe harbor for contractors of services. Labor and Workforce Development.
SD 190 creates a "safe harbor" for contractors in Massachusetts, protecting them from being classified as employees if they meet specific criteria. The bill directly affects independent contractors and businesses that hire them by providing clear standards for classification. Key provisions include requiring contracts to offer at least $30 per hour ($5,160 monthly), involve licensed professionals, require advanced knowledge/discretion, or grant ownership/copyright of work. This amendment to Chapter 149 (Section 148B) aims to clarify contractor status under state law without changing existing tax or labor requirements.
This bill ensures Massachusetts labor laws apply to remote workers who perform services for employers based in Massachusetts, regardless of where the worker lives. It directly affects remote employees working for companies incorporated, headquartered, or operating in Massachusetts. The key provision states that Massachusetts law governs all employment terms (like pay, benefits, and working conditions) unless the employer and employee have a clear, written, individually negotiated contract specifying another jurisdiction's laws - and the employer complies with that jurisdiction's requirements. If the contract's chosen jurisdiction isn't followed, Massachusetts law automatically applies. The law takes effect on January 1, 2026.
This bill amends Massachusetts labor law to clarify the definition of "employee" under Chapter 151A. It replaces a previous subsection with a new definition stating that service performed "outside the usual course of the business of the employer" does not count as employment. This directly affects employers and workers in situations where services are provided outside typical business operations, such as certain independent contractors or temporary assignments. The change aims to standardize how worker classification is determined under state law.
This bill establishes that app-based delivery workers (like those for food or package delivery apps) are presumed to be employees of Delivery Network Companies (DNCs) for wage and labor purposes. It requires DNCs to pay at least the state minimum wage for all "working time" (including both delivery time and time spent waiting for assignments), or 150% of minimum wage for delivery time if workers control their schedule. DNCs must provide detailed payroll data to the Department of Labor, including hours worked, pay rates, and incentives, and publish quarterly reports on average wages and hours by location. The bill directly affects app-based delivery workers and the companies using them, changing how their compensation is calculated and reported.
This bill reclassifies app-based delivery workers (like food or package couriers for companies such as DoorDash) as employees for wage purposes, requiring delivery network companies to pay them at least the state minimum wage for all "working time" (including both assigned delivery tasks and standby time). Companies must calculate wages to ensure workers earn the minimum wage on average for their first 40 hours per week, with an option to pay 150% of minimum wage for assigned time only if workers control their schedule. The bill mandates detailed payroll reporting for companies, including breakdowns of assigned time, standby time, and wages, and requires quarterly publication of aggregated data on pay and hours. It directly affects app-based delivery workers and the companies that employ them across Massachusetts.
By Representatives Livingstone of Boston and Nguyen of Andover, a petition (accompanied by bill, House, No. 2141) of Jay D. Livingstone and Tram T. Nguyen relative to employment under the unemployment insurance program. Labor and Workforce Development.
This bill clarifies that the term "employee" has a consistent definition across Massachusetts labor laws to prevent misclassification. It amends Chapter 149 to include both Chapters 151 and 152 in the definition scope, and adds a cross-reference in Chapter 152 to align with Chapter 149's definition. This directly affects employers and workers in Massachusetts, particularly in cases where worker classification (e.g., employee vs. independent contractor) impacts wages, benefits, or protections. The key mechanism is standardizing the legal definition to reduce inconsistencies that could lead to misclassification under different labor statutes.
