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| | | Resolve, To Require the Department of Labor, in Consultation |
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| | | with Interested Parties, To Examine the Laws and Practices |
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| | | Regarding the Definition of "Employment" for Purposes of |
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| | | Unemployment Compensation |
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| | | Sec. 1. Definition of employment. Resolved: That the Department of Labor, | | in consultation with interested parties, shall study the laws and | | practices used in defining "employment" for purposes of | | unemployment compensation. The study must include an examination | | of the following issues and any others the department or an | | interested party determines to be appropriate: |
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| | | 1. The adequacy of current laws and standards that define | | "employment" for purposes of unemployment compensation, including | | the Maine Revised Statutes, Title 26, section 1043, subsection | | 11, paragraph E, to distinguish accurately between persons who | | are bona fide independent contractors and those who should be | | considered employees; |
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| | | 2. The need for, or benefit of, revising the Department of | | Labor survey instrument used to determine who is a bona fide | | independent contractor; |
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| | | 3. The need for, or benefit of, the State's adopting Internal | | Revenue Service guidelines for determining who is a bona fide | | independent contractor; |
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| | | 4. The need for, or benefit of, the State's adopting the same | | criteria for determining who is a bona fide independent | | contractor for purposes of unemployment compensation that it now | | follows for purposes of workers' compensation; and |
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