HF 1204

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to workers' compensation; requiring a study 
  1.3             of the employment status of messenger or courier. 
  1.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.5      Section 1.  [STUDY; COURIER WORKERS.] 
  1.6      The staff of the research and education unit of the 
  1.7   department of labor and industry shall study the same day 
  1.8   courier industry and the status of its workers as employees or 
  1.9   independent contractors for purposes of workers' compensation.  
  1.10  The study shall specifically address the common law factors used 
  1.11  in determining employee or independent contractor status as they 
  1.12  apply to work performed in the courier industry. 
  1.13     The special compensation fund staff shall cooperate with 
  1.14  the study and provide an estimate of the current and projected 
  1.15  future liability to the fund for claims made by injured courier 
  1.16  workers incorrectly classified as independent contractors by 
  1.17  their employers.  The estimate shall separately address special 
  1.18  compensation fund liability for reimbursement of medical 
  1.19  assistance and general assistance benefits paid to incorrectly 
  1.20  classified employees. 
  1.21     The staff shall consult with employers, employees, and 
  1.22  independent contractor representatives of the courier industry 
  1.23  in evaluating the common law factors and the impact of employee 
  1.24  status on employers engaged in the same activity. 
  2.1      By February 1, 1996, the department shall report the 
  2.2   results of the study to the labor-management relations committee 
  2.3   in the house of representatives and the jobs, energy and 
  2.4   community development committee in the senate.  If the study 
  2.5   indicates a need for revision of Minnesota Rules, part 
  2.6   5224.0292, the study shall indicate appropriate revisions. 
  2.7      Sec. 2.  [EFFECTIVE DATE.] 
  2.8      Section 1 is effective the day following final enactment.