by Peter D. Lowe
Maine employers need to pay attention to a new Maine law on the definition of “independent contractor” that goes into effect December 31.
Legislative Document 1314, passed in Maine earlier this year, outlines two sets of conditions that must be in place for an individual to qualify as an independent contractor for purposes of workers’ compensation and unemployment compensation. In the first tier of criteria, to meet the definition of an independent contractor, an individual must:
- Have the “essential” right to control the particulars of the work (except the final results);
- Be engaged in an “independently established” business;
- Have the opportunity to experience either a profit or a loss as a result of the services performed;
- Hire, pay, and supervise the work of any assistants; and
- Make his services available to other clients or consumers in the community.