Bill Summary for H 482 (2015-2016)

Summary date: 

Aug 12 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 482 (Public) Filed Wednesday, April 1, 2015
AN ACT TO ENACT THE EMPLOYEE FAIR CLASSIFICATION ACT.
Intro. by Pendleton, Blust, Szoka.

View: All Summaries for BillTracking:

Bill summary

House amendment makes the following changes to the 3rd edition. 

Includes two additional factors in proposed GS 143-764, governing determination of independent contractor status. The factors are (1) whether an individual has a substantial investment in equipment or tools required to perform the contracted work and (2) whether the individual has the opportunity for profit or loss. Also includes the phrase "subject to customer requirements" in a factor pertaining to an individual's control of his or her own time. 

Adds a phrase that prohibits acts taken to comply with laws or regulations from being considered as evidence contrary to an independent contractor determination. 

Changes the proposed statute's stated intention to comply with specified case law to remove a sentence declaring that other factors consistent with the holding of the case may be considered. Instead, the amendment states simply that the section intends to comply with the case and its progeny. 

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view