Javascript is required to run this page

HB1407

Misclassification of employees as independent contractors; Dept. of Taxation to investigate, etc.

Status:
Enacted

Chief Patron:
Jeion Ward (D)

Session:
2020 Regular Session

Summary

As Passed Both Chambers. 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. (Less)
  • Bill History

  • 01/08/2020 - House: Prefiled and ordered printed; offered 01/08/20 20105144D
  • 01/08/2020 - House: Referred to Committee on Finance
  • 01/19/2020 - House: Impact statement from TAX (HB1407)
  • 01/23/2020 - House: Assigned Finance sub: Subcommittee #3
  • 01/24/2020 - House: House committee, floor amendments and substitutes offered
  • 01/24/2020 - House: Subcommittee recommends reporting with amendment (7-Y 1-N)
  • 01/29/2020 - House: Reported from Finance with amendments (16-Y 5-N)
  • 01/31/2020 - House: Read first time
  • 02/03/2020 - House: Read second time
  • 02/03/2020 - House: Committee amendments agreed to
  • 02/03/2020 - House: Engrossed by House as amended HB1407E
  • 02/03/2020 - House: Printed as engrossed 20105144D-E
  • 02/04/2020 - House: Read third time and passed House (55-Y 43-N)
  • 02/04/2020 - House: VOTE: Passage (55-Y 43-N)   Close Floor Vote
  • 02/05/2020 - Senate: Constitutional reading dispensed
  • 02/05/2020 - Senate: Referred to Committee on Finance and Appropriations
  • 02/11/2020 - House: Impact statement from TAX (HB1407E)
  • 02/18/2020 - Senate: Reported from Finance and Appropriations with amendment (11-Y 3-N)
  • 02/19/2020 - Senate: Constitutional reading dispensed (39-Y 0-N)
  • 02/20/2020 - Senate: Read third time
  • 02/20/2020 - Senate: Reading of amendment waived
  • 02/20/2020 - Senate: Committee amendment agreed to
  • 02/20/2020 - Senate: Engrossed by Senate as amended
  • 02/20/2020 - Senate: Passed Senate with amendment (21-Y 19-N)   Close Floor Vote
  • 02/24/2020 - House: Placed on Calendar
  • 02/24/2020 - House: Senate amendment agreed to by House (56-Y 43-N)
  • 02/24/2020 - House: VOTE: Adoption (56-Y 43-N)   Close Floor Vote
  • 02/28/2020 - House: Enrolled
  • 02/28/2020 - House: Bill text as passed House and Senate (HB1407ER)
  • 02/28/2020 - House: Signed by Speaker
  • 03/02/2020 - Senate: Signed by President
  • 03/06/2020 - House: Impact statement from TAX (HB1407ER)
  • 03/11/2020 - House: Enrolled Bill communicated to Governor on March 11, 2020
  • 03/11/2020 - Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
  • 04/06/2020 - Governor: Approved by Governor-Chapter 681 (effective 1/1/21)
  • 04/06/2020 - Governor: Acts of Assembly Chapter text (CHAP0681)