AN ACT TO ENACT THE EMPLOYEE FAIR CLASSIFICATION ACT.
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.
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