SF 960

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to workers' compensation; specifying the 
  1.3             employment status of messenger or courier; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 176. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [176.042] [MESSENGER OR COURIER.] 
  1.7      Subdivision 1.  [DEFINITION.] For the purpose of this 
  1.8   section, a "messenger or courier" is a vehicle driver who 
  1.9   transports property, not including household goods, for a 
  1.10  company under a permit or certificate issued under chapter 221, 
  1.11  in local or intrastate commerce or who is operating as an exempt 
  1.12  or nonexempt carrier pursuant to the Interstate Commerce Act. 
  1.13     Subd. 2.  [INDEPENDENT CONTRACTOR.] A messenger or courier 
  1.14  is an independent contractor if all of the following criteria 
  1.15  are substantially met. 
  1.16     (a) The messenger or courier makes services available to 
  1.17  the general public by: 
  1.18     (1) having an office and assistants; 
  1.19     (2) having a listing in a business directory or a business 
  1.20  listing in a telephone directory; or 
  1.21     (3) advertising in a newspaper, trade journal, or magazine. 
  1.22     (b) The messenger or courier is free to accept or reject 
  1.23  jobs from a company and the company has no control over when the 
  1.24  individual works. 
  1.25     (c) The messenger or courier is responsible for recurring 
  2.1   business liabilities or obligations stemming from services 
  2.2   performed, including any personal acts of negligence arising 
  2.3   from contacts with customers or the general public. 
  2.4      (d) All expenses are paid by the messenger or courier and 
  2.5   the opportunity for profit or loss rests with the messenger or 
  2.6   courier. 
  2.7      (e) The messenger or courier is responsible for operating 
  2.8   costs, including fuel, repairs, supplies, and vehicle insurance. 
  2.9      (f) The messenger or courier determines the details and 
  2.10  means of performing the services, including: 
  2.11     (1) how to transport the property; 
  2.12     (2) the selection of routes; and 
  2.13     (3) the order and time of delivery. 
  2.14     (g) The messenger or courier is responsible for completion 
  2.15  of a specific job and is liable for failure to complete the job. 
  2.16     (h) The messenger or courier enters into a contract that 
  2.17  specifies the relationship to be that of an independent 
  2.18  contractor and not that of an employee. 
  2.19     Subd. 3.  [EMPLOYEE.] A messenger or courier is an employee 
  2.20  and not an independent contractor if any of the following 
  2.21  criteria are substantially met. 
  2.22     (a) The company determines the details and means of 
  2.23  performing the services, including: 
  2.24     (1) how to transport the property; 
  2.25     (2) the selection of routes; and 
  2.26     (3) the order and time of delivery. 
  2.27     (b) Payment is based solely by the hour or a similar time 
  2.28  unit that is not related to a specific job. 
  2.29     (c) The messenger or courier uses the messenger's or 
  2.30  courier's own vehicle to provide services, and the company 
  2.31  reimburses vehicle expenses. 
  2.32     (d) The messenger's or courier's vehicle weighs less than 
  2.33  10,000 pounds gross vehicle weight and the property is delivered 
  2.34  within 24 hours from the time the property is obtained. 
  2.35     (e) There is no investment or opportunity for profit or 
  2.36  risk of loss on the part of the messenger or courier. 
  3.1      (f) The messenger or courier can terminate the working 
  3.2   relationship at will without incurring liability for 
  3.3   noncompletion of transfer of property.