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HF 2491

as introduced - 91st Legislature (2019 - 2020) Posted on 03/14/2019 02:11pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to workers' compensation; modifying definition of independent contractors
in trucking and messenger/courier industries; amending Minnesota Statutes 2018,
section 176.043.


Section 1.

Minnesota Statutes 2018, section 176.043, is amended to read:


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 beginsubstantiallydeleted text end controls the means and manner of performing the services,
in conformance with regulatory requirements and specifications of the shipper; deleted text beginand
deleted text end

new text begin (7) the business entity has the right to perform similar or different services for others
using their equipment on whatever basis and whenever it chooses;
new text end

new text begin (8) is not required to sign an exclusivity agreement; and
new text end

deleted text begin (7)deleted text endnew 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.