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HF 2250

as introduced - 89th Legislature (2015 - 2016) Posted on 04/21/2015 09:05am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to workers' compensation; modifying trucking and messenger/courier
industries; amending Minnesota Statutes 2014, section 176.043.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 176.043, is amended to read:


176.043 TRUCKING AND MESSENGER/COURIER INDUSTRIES;
INDEPENDENT CONTRACTORS.

In the trucking and messenger/courier industries, an operator of a car, van, truck,
tractor, or truck-tractor that is licensed and registered by a governmental motor vehicle
agency is an employee unless each of the following factors is present, and if each factor is
present, the operator is an independent contractor:

(1) the individual owns the equipment or holds it under a bona fide lease arrangement;

(2) the individual is responsible for the maintenance of the equipment;

(3) the individual is responsible for the operating costs, including fuel, repairs,
supplies, vehicle insurance, and personal expenses. The individual may be paid the
carrier's fuel surcharge and incidental costs, including, but not limited to, tolls, permits,
and lumper fees;

(4) the individual is responsible for supplying the necessary personal services
to operate the equipment;

(5) the individual's compensation is based on factors related to the work performed,
such as a percentage of any schedule of rates, and not on the basis of the hours or time
expended;

(6) the individual deleted text begin substantiallydeleted text end controls the means and manner of performing the
services, in conformance with regulatory requirements and specifications of the shipper;
deleted text begin and
deleted text end

new text begin (7) the individual can perform services for other persons or entities and use the
individual's owned or leased equipment to perform any such services;
 new text end

new text begin (8) the individual is not required to enter into an exclusive arrangement with one
person or entity either by signing an exclusivity agreement or entering into a contract or
agreement that includes an exclusivity provision; and
 new text end

deleted text begin (7)deleted text end new text begin (9)new text end the individual enters into a written contract that specifies the relationship to
be that of an independent contractor and not that of an employee.