SF 4018

as introduced - 91st Legislature (2019 - 2020) Posted on 04/17/2020 08:23am

A bill for an act
relating to employment; clarifying definitions of employee and independent
contractor; proposing coding for new law in Minnesota Statutes, chapter 181.

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

Section 1.

new text begin [181.724] EMPLOYEES AND INDEPENDENT CONTRACTORS; TEST
FOR EMPLOYEE STATUS.
new text end

new text begin (a) For purposes of this chapter and chapters 176, 177, 181A, 182, and 268, an individual
providing labor or services for remuneration, including an individual providing services
through a sole proprietorship or other business entity, shall be considered an employee
rather than an independent contractor unless the hiring entity demonstrates that all of the
following conditions are satisfied:
new text end

new text begin (1) the individual is free from the control and direction of the hiring entity in connection
with the performance of the work, both under the contract for the performance of the work
and in fact;
new text end

new text begin (2) the individual performs work that is outside the usual course of the hiring entity's
business; and
new text end

new text begin (3) the person is customarily engaged in an independently established trade, occupation,
or business of the same nature as that involved in the work performed.
new text end

new text begin (b) Notwithstanding paragraph (a), any exceptions to the terms "employee," "employer,"
"employ," or "independent contractor," that are expressly made by chapters 176, 177, 181A,
182, or 268, shall remain in effect for the purposes set forth therein.
new text end