LD 1232
pg. 1
LD 1232 Title Page An Act to Clarify Free-lance Labor in an Employer/Employee Relationship LD 1232 Title Page
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LR 1146
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 26 MRSA §1043, sub-§11, ¶F, sub-¶¶40 and 41, as amended by PL 1997,
c. 683, Pt. A, §14, are further amended to read:

 
(41) Services provided by a dance instructor to
students of a dance studio when there is a contract
between the instructor and the studio under which the
instructor's services are not offered exclusively to
the studio, the studio does not control the scheduling
of the days and times of classes other than beginning
and end dates, the instructor is paid by the class and
not on an hourly or salary basis, the compensation rate
is the result of negotiation between the instructor and
the studio and the instructor is given the freedom to
develop the curriculum; and

 
(42) Services performed by participants enrolled in
programs or projects under the national service laws
including the federal National and Community Service
Act of 1990, as amended, 42 United States Code, Section
12501 et seq., and the federal Domestic Volunteer
Service Act, as amended, 42 United States Code, Section
4950 et seq.; and

 
Sec. 2. 26 MRSA §1043, sub-§11, ¶F, sub-¶43 is enacted to read:

 
(43) Services performed by an individual as a free-
lance journalist to a publisher or publication as long
as that employment is not subject to federal
unemployment tax.

 
SUMMARY

 
This bill excludes services performed by a free-lance
journalist from the definition of "employment" for purposes of
unemployment compensation.


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