An Act To Enhance the Predetermination of Independent Contractors
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 39-A MRSA §105, sub-§3, as amended by PL 2013, c. 63, §4, is further amended to read:
3. Predetermination submission. A party may submit, on forms approved by the board, a request for predetermination regarding the status of a person or job description as an employee, construction subcontractor, as defined in section 105-A, subsection 1, paragraph B, or independent contractor. If the party submitting a request under this subsection is a worker, the submission must include every miscellaneous income form provided by the United States Department of the Treasury, Internal Revenue Service received by the party for the previous calendar year or, if the party did not receive a miscellaneous income form for the previous calendar year, an explanation as to why the party did not receive a miscellaneous income form. The request is deemed to have been approved if the board does not deny or take other appropriate action on the submission within 30 days.
summary
This bill requires a worker who is requesting predetermination of independent contractor status from the Workers' Compensation Board to submit all of the miscellaneous income forms provided by the United States Department of the Treasury, Internal Revenue Service received by the worker for the previous calendar year or, if the worker did not receive a miscellaneous income form for the previous year, an explanation as to why the worker did not receive a form.