NEW: RI Business Leaders Urge Lawmakers to Rethink New Legislation

GoLocalProv Business Team

NEW: RI Business Leaders Urge Lawmakers to Rethink New Legislation

Members of some of the state’s largest business membership organizations and trade associations gathered at the Greater Providence Chamber of Commerce today to urge Rhode Island legislators, including newly elected House Speaker Nicholas Mattiello and House Labor Committee Chair Joseph Shekarchi, to reevaluate an ongoing effort to amend the state’s definition of an independent contractor in a way that would create a second, inconsistent state standard that is contradictory to federal Internal Revenue Service (IRS) guidelines.

The proposals, H 7277 and S 2409, would eliminate the IRS 20-point factor test when determining whether an individual is an independent contractor or an employee and replace the IRS requirement with a provision stating that decisions regarding the definition of an independent contractor be determined by a state worker’s compensation judge. That judge would have the authority to fine employers between $500 and $3,000 per employee for first offense (even if the employer is following the federal IRS guidelines).

Economic uncertainty

“Adding a duplicative and inconsistent standard will only create ambiguity and uncertainty and potentially expose law abiding employers to sanctions despite their good faith compliance with well-established and well-understood federal guidelines,” said Laurie White, President of the Greater Providence Chamber of Commerce. “As Speaker Mattiello and new House Leaders take their positions, we strongly urge them and all Rhode Island’s lawmakers to consider the many reasons why this effort is contradictory to federal law and harmful to Rhode Island’s businesses and economy.”

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While some labor advocates contend that allowing the Workers Compensation Court to apply the common law to determine whether or not an individual is an independent contractor would reduce employee misclassification fraud, Rhode Island’s business leaders argued today that creating ambiguity and uncertainty through a second, inconsistent state standard is not the solution to employee misclassification. As almost every example given of employee misclassification is also in violation of the existing IRS standards, the challenge is to effectively enforce the existing IRS standards, according to business leaders.

Today’s event was attended by a wide variety of business leaders. Speakers included representatives from the Greater Providence Chamber of Commerce, the Rhode Island Public Expenditure Council (RIPEC), the National Federation of Independent Business (NFIB), the Rhode Island Staffing Association, the Rhode Island Association of Realtors, the Rhode Island Society of CPA’s (RISCPA), the Rhode Island Trucking Association, the Association of Builders and Contractors, and Rhode Island Salons United.


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