Labor & Employment (Gig Economy)

By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1373) of Bruce E. Tarr for legislation to provide a safe harbor for contractors of services. Labor and Workforce Development.

SD 190 creates a "safe harbor" for contractors in Massachusetts, protecting them from being classified as employees if they meet specific criteria. The bill directly affects independent contractors and businesses that hire them by providing clear standards for classification. Key provisions include requiring contracts to offer at least $30 per hour ($5,160 monthly), involve licensed professionals, require advanced knowledge/discretion, or grant ownership/copyright of work. This amendment to Chapter 149 (Section 148B) aims to clarify contractor status under state law without changing existing tax or labor requirements.

This bill amends Massachusetts labor law to clarify the definition of "employee" under Chapter 151A. It replaces a previous subsection with a new definition stating that service performed "outside the usual course of the business of the employer" does not count as employment. This directly affects employers and workers in situations where services are provided outside typical business operations, such as certain independent contractors or temporary assignments. The change aims to standardize how worker classification is determined under state law.