New Maine law on independent contractors goes into effect December 31

December 17, 2012 0 COMMENTS

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.

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Montana House Passes Bills That May Cause Criminal Penalties, Disastrous Results for Employers

March 03, 2011 0 COMMENTS

By Jeanne M. Bender

Two bills that are progressing through the Montana Legislature would impose significant restrictions on employers’ staffing response to emergencies and their ability to manage unemployment compensation eligibility for recent hires.

Montana law currently limits the workday in certain occupations and for certain employers (e.g., mining, smelting, school districts, and state and municipal governments) to eight hours. However, employers may circumvent the restriction by obtaining prior agreement with the employee or, in cases of emergency, when life or property is in imminent danger. House Bill (HB) 300 would eliminate the emergency provision, thereby making it a crime for both the employee and employer to work more than eight hours in a day to deal with the emergency unless they had previously agreed to the extended schedule.

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