Misclassification of employees as independent contractors; Department of Taxation to investigate.
Summary
Misclassification of employees as independentcontractors; Department of Taxation to investigate and enforce; civil penalties. Prohibits an employer from classifying an individualas an independent contractor if he is an employee. An individualshall be considered an employee of the party that pays the remunerationfor purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation),60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation)unless and until it is shown to the satisfaction of the Departmentof Taxation that such individual is an independent contractor under Internal Revenue Service guidelines. Violators are subject to civilpenalties and debarment from public contracts. The bill has a delayedeffective date of January 1, 2021.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
Senate Passage
Jan 2020
House of Delegates Passage
Feb 2020
Signed into Law
Apr 2020
Introduced Jan 8, 2020
Signed Apr 6, 2020
Floor votes · Senate Jan 27, 2020 · House of Delegates Feb 26, 2020
How they voted
23–16
Passed · 1 other
Total votes 40
Jan 27, 2020
D
Democratic21
100% Yea
R
Republican19
84% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
36
Key actions
10
Committee
10
Amendments
2
Apr 6, 2020
Signed into law
Approved by Governor-Chapter 682 (effective 1/1/21)
executive
Feb 26, 2020
Lower · Passed
Passed House with substitute (55-Y 45-N)
lower
Feb 26, 2020
Lower · Passed
Engrossed by House - committee substitute SB744H1
lower
Feb 26, 2020
Lower · Passed
Committee substitute agreed to 20108163D-H1
lower
Feb 21, 2020
Lower · Passed
Reported from Appropriations (14-Y 8-N)
lower
Feb 19, 2020
Committee
Referred to Committee on Appropriations
lower
Feb 19, 2020
Lower · Passed
Reported from Finance with substitute (14-Y 8-N)
lower
Feb 19, 2020
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Feb 18, 2020
Committee
Referred to Committee on Finance
lower
Jan 27, 2020
Upper · Passed
Read third time and passed Senate (23-Y 16-N)
upper
Jan 24, 2020
Introduced
Engrossed by Senate as amended SB744E
upper
Jan 24, 2020
Upper · Passed
Committee amendment agreed to
upper
Jan 24, 2020
Introduced
Reading of amendment waived
upper
Jan 22, 2020
Upper · Passed
Reported from Finance and Appropriations with amendment (14-Y 2-N)
upper
Jan 8, 2020
Committee
Referred to Committee on Finance and Appropriations
upper
Jan 8, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20105143D
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jeremy McPike
DDemocratic
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