In Texas, a state Senate bill relating to the classification of workers for the Texas Unemployment Compensation Act is currently waiting to be scheduled for a hearing.
Sponsored by Senator Jose Rodriguez [D], Bill SB927 was introduced March 4 and referred to the Senate’s National Resources & Economic Development Committee March 9. Bill SB927 states, “An individual performing a service for wages or under an express or implied contact of hire is presumed to be an employee of the person for whom the service is performed.”
This presumption may be rebutted if “…the individual’s performance of the service has been and will continue to be free from control or direction under the contract and in fact.”
The bill also proposes that the commission can assess a penalty of up to $200 against a person who fails to properly classify an individual as an employee or independent contractor. The amount would be based on the seriousness of the violation, the history of previous violations and the effort made to correct the violation.
The Texas legislative session ends June 1. Autobody News will keep readers informed about any developments with Bill SB927.
A copy of Bill SB927 is available online: http://www.capitol.state.tx.us/tlodocs/84R/billtext/html/SB00927I.htm