Misclassification of employees as independent contractors; Dept. of Taxation to investigate, etc.
Summary
Misclassification of employees as independent contractors; Department of Taxation to investigate and enforce; civil penalties. Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party that pays the remuneration for purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless it is demonstrated that such individual is an independent contractor. The Department of Taxation shall determine whether an individual is an independent contractor by applying Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts. The bill has a delayed effective date of January 1, 2021.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
House of Delegates Passage
Feb 2020
Senate Passage
Feb 2020
Signed into Law
Apr 2020
Introduced Jan 8, 2020
Signed Apr 6, 2020
Floor votes
How they voted
This bill passed the Senate. No roll call record of that vote is available.
Full legislative history
Actions timeline
Total actions
34
Key actions
9
Committee
9
Amendments
4
Apr 6, 2020
Signed into law
Approved by Governor-Chapter 681 (effective 1/1/21)
executive
Feb 24, 2020
Introduced
Senate amendment agreed to by House (56-Y 43-N)
lower
Feb 20, 2020
Upper · Passed
Passed Senate with amendment (21-Y 19-N)
upper
Feb 20, 2020
Introduced
Engrossed by Senate as amended
upper
Feb 20, 2020
Upper · Passed
Committee amendment agreed to
upper
Feb 20, 2020
Introduced
Reading of amendment waived
upper
Feb 18, 2020
Upper · Passed
Reported from Finance and Appropriations with amendment (11-Y 3-N)
upper
Feb 5, 2020
Committee
Referred to Committee on Finance and Appropriations
upper
Feb 4, 2020
Lower · Passed
Read third time and passed House (55-Y 43-N)
lower
Feb 3, 2020
Introduced
Engrossed by House as amended HB1407E
lower
Feb 3, 2020
Lower · Passed
Committee amendments agreed to
lower
Jan 29, 2020
Lower · Passed
Reported from Finance with amendments (16-Y 5-N)
lower
Jan 24, 2020
Lower · Passed
Subcommittee recommends reporting with amendment (7-Y 1-N)
lower
Jan 24, 2020
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Jan 23, 2020
Committee
Assigned Finance sub: Subcommittee #3
lower
Jan 8, 2020
Committee
Referred to Committee on Finance
lower
Jan 8, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20105144D
lower
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jeion Ward
DDemocratic
Co
Karrie Delaney
DDemocratic
Co
Liz Guzmán
DDemocratic
Co
Mark H. Levine
DDemocratic
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