CHAPTER 191

H.P. 1287 - L.D. 1847

Resolve, To Require the Department of Labor, in Consultation

with Interested Parties, To Examine the Laws and Practices

Regarding the Definition of "Employment" for Purposes of

Unemployment Compensation

Sec. 1. Definition of employment. Resolved: That the Department of Labor, in consultation with interested parties, shall study the laws and practices used in defining "employment" for purposes of unemployment compensation. The study must include an examination of the following issues and any others the department or an interested party determines to be appropriate:

1. The adequacy of current laws and standards that define "employment" for purposes of unemployment compensation, including the Maine Revised Statutes, Title 26, section 1043, subsection 11, paragraph E, to distinguish accurately between persons who are bona fide independent contractors and those who should be considered employees;

2. The need for, or benefit of, revising the Department of Labor survey instrument used to determine who is a bona fide independent contractor;

3. The need for, or benefit of, the State's adopting Internal Revenue Service guidelines for determining who is a bona fide independent contractor;

4. The need for, or benefit of, the State's adopting the same criteria for determining who is a bona fide independent contractor for purposes of unemployment compensation that it now follows for purposes of workers' compensation; and