Misclassification of employees as independent contractors; Department of Taxation to investigate. (HB1407)
Introduced By
Del. Jeion Ward (D-Hampton) with support from co-patron Del. Karrie Delaney (D-Centreville)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Misclassification of employees as independent contractors; Department of Taxation to investigate and enforce; civil penalties. Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party that pays the remuneration for purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation), 60.2 (Unemployment Compensation), and 65.2 (Workers' Compensation) unless it is demonstrated that such individual is an independent contractor. The Department of Taxation shall determine whether an individual is an independent contractor by applying Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts. The bill has a delayed effective date of January 1, 2021. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/08/2020 | Committee |
01/08/2020 | Prefiled and ordered printed; offered 01/08/20 20105144D |
01/08/2020 | Referred to Committee on Finance |
01/19/2020 | Impact statement from TAX (HB1407) |
01/23/2020 | Assigned Finance sub: Subcommittee #3 |
01/24/2020 | House committee, floor amendments and substitutes offered |
01/24/2020 | Subcommittee recommends reporting with amendment (7-Y 1-N) |
01/29/2020 | Reported from Finance with amendment (16-Y 5-N) |
01/29/2020 | Reported from Finance with amendments (16-Y 5-N) (see vote tally) |
01/31/2020 | Read first time |
02/03/2020 | Read second time |
02/03/2020 | Committee amendments agreed to |
02/03/2020 | Engrossed by House as amended HB1407E |
02/03/2020 | Printed as engrossed 20105144D-E |
02/04/2020 | Read third time and passed House (55-Y 43-N) |
02/04/2020 | VOTE: Passage (55-Y 43-N) (see vote tally) |
02/05/2020 | Constitutional reading dispensed |
02/05/2020 | Referred to Committee on Finance and Appropriations |
02/11/2020 | Impact statement from TAX (HB1407E) |
02/18/2020 | Reported from Finance and Appropriations with amendment (11-Y 3-N) (see vote tally) |
02/19/2020 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/20/2020 | Read third time |
02/20/2020 | Reading of amendment waived |
02/20/2020 | Committee amendment agreed to |
02/20/2020 | Engrossed by Senate as amended |
02/20/2020 | Passed Senate with amendment (21-Y 19-N) (see vote tally) |
02/24/2020 | Placed on Calendar |
02/24/2020 | Senate amendment agreed to by House (56-Y 43-N) |
02/24/2020 | VOTE: Adoption (56-Y 43-N) (see vote tally) |
02/28/2020 | Enrolled |
02/28/2020 | Bill text as passed House and Senate (HB1407ER) |
02/28/2020 | Signed by Speaker |
03/02/2020 | Signed by President |
03/06/2020 | Impact statement from TAX (HB1407ER) |
03/11/2020 | Enrolled Bill communicated to Governor on March 11, 2020 |
03/11/2020 | G Governor's Action Deadline 11:59 p.m., April 11, 2020 |
04/06/2020 | G Approved by Governor-Chapter 681 (effective 1/1/21) |
04/06/2020 | G Acts of Assembly Chapter text (CHAP0681) |