Bill Summary for S 82 (2017-2018)

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Summary date: 

Jun 27 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 82 (Public) Filed Tuesday, February 14, 2017
Intro. by Brock, Tillman, Tucker.

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Bill summary

Senate committee substitute makes the following changes to the 1st edition.

Deletes all previous provisions. Changes the act's long and short titles, and now provides the following.

Amends GS 96-1 to provide that service performed by direct sellers, as defined in the IRS Code, is not employment for the purpose of unemployment insurance. Applies to claims for benefits filed on or after July 1, 2018, and to tax calculation on or after that same date.

Amends GS 95-25.24A, deeming a franchisee or a franchisee's employee an employee of the franchisor for purposes including but not limited to the Article and GS Chapters 96, 97, and 105, if: (1) the franchisee and franchisor share in the determination of or codetermine the matters governing the essential terms and conditions of the employee's employment and (2) the franchisee and franchisor both directly and immediately control matters relating to the employment relationship, such as hiring, firing, discipline, supervision, and direction. Makes organizational changes.

Amends GS 95-25.14(c), adding that the provisions of GS 95-25.4 (Overtime) and the provisions of GS 95-25.15(b) (Record Keeping), do not apply to employees of a seasonal amusement or recreational establishment. 

Amends GS 95-25.3(e), which authorizes the Commissioner of Labor to establish a wage rate not less than 85% of the otherwise applicable minimum wage rate in effect under subsection (a) of the statute, to remove employees of seasonal amusement or recreational establishments from the scope of the adjusted wage rate authorized in subsection (e).

Amends GS 95-25.4(a), eliminating the provision requiring employers of seasonal amusement or recreational establishment employees to pay those employees the overtime rate only for hours in excess of 45 hours per work week.

Effective January 1, 2018.