From the Anchorage Daily News, Heidi Drygas, Commissioner of the Alaska Department of Labor and Workforce Development, supports House Bill 79 which amends the workers compensation statutes and includes a definition of independent contractor. Heidi writes:
House Bill 79 also provides important legal clarity about the definition of an “independent contractor.” For decades, the distinction between “employees” and “independent contractors” has been decided by the Workers’ Compensation Board and by the court system, based on complicated multifactor tests. House Bill 79 provides businesses and employees much-needed guidance about the definition of an independent contractor. Alaska has many bona fide independent contractors, and they play an important role in Alaska’s workforce. However, the practice of misclassifying employees as independent contractors in an effort to evade workers’ compensation costs should be discouraged through clear laws because it leaves workers exposed to on-the-job injuries without medical treatment and exposes businesses to financial devastation from responsibility for uninsured injuries. Finally, defining independent contractor status and reducing misclassification will contribute to lower workers’ compensation premiums, saving money for Alaska businesses.
Read the full story at Worker’s comp law overdue for overhaul
House Bill 79 provides:
(11) a person employed as an independent contractor; a person is 09 an independent contractor for the purposes of this chapter only if the person 10 (A) has an express contract to perform the services; 11 (B) is free from direction and control over the means and 12 manner of providing services, subject only to the right of the individual 13 for whom, or entity for which, the services are provided to specify the 14 desired results, completion schedule, or range of work hours, or to 15 monitor the work for compliance with contract plans and specifications, 16 or federal, state, or municipal law; 17 (C) incurs most of the expenses for tools, labor, and other 18 operational costs necessary to perform the services, except that materials 19 and equipment may be supplied; 20 (D) has an opportunity for profit and loss as a result of the 21 services performed for the other individual or entity; 22 (E) is free to hire and fire employees to help perform the 23 services for the contracted work; 24 (F) has all business, trade, or professional licenses required 25 by federal, state, or municipal authorities for a business or individual 26 engaging in the same type of services as the person; 27 (G) follows federal Internal Revenue Service requirements 28 by 29 (i) obtaining an employer identification number, if 30 required; 31 (ii) filing business or self-employment tax returns for 01 the previous tax year to report profit or income earned for the 02 same type of services provided under the contract; or 03 (iii) intending to file business or self-employment tax 04 returns for the current tax year to report profit or income earned 05 for the same type of services provided under the contract if the 06 person's business was not operating in the previous tax year; and 07 (H) meets at least two of the following criteria: 08 (i) the person is responsible for the satisfactory 09 completion of services that the person has contracted to perform 10 and is subject to liability for a failure to complete the contracted 11 work, or maintains liability insurance or other insurance policies 12 necessary to protect the employees, financial interests, and 13 customers of the person's business; 14 (ii) the person maintains a business location or a 15 business mailing address separate from the location of the 16 individual for whom, or the entity for which, the services are 17 performed; 18 (iii) the person provides contracted services for two 19 or more different customers within a 12-month period or engages 20 in any kind of business advertising, solicitation, or other marketing 21 efforts reasonably calculated to obtain new contracts to provide 22 similar services.