TX HB 1304

Author

Oscar Longoria
P.O. Box 2910
Austin, TX 78768
512-463-0645

Author Detail Link
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Bill Text

Category

Employee Misclassification

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State

TX

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Summary

Creates a rebuttable presumption of employment status for unemployment compensation purposes and imposes penalties for misclassification.

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Issue

Amends current law so that an individual performing a service for wages or under an express or implied contract of hire is presumed to be an employee of the person for whom the service is performed. Allows that this presumption may be rebutted if the person for whom the service is performed shows to the satisfaction of the commission that the individual's performance of the service has been and will continue to be free from control or direction under the contract. The law is also amended to establish that a person shall properly classify, as an employee or independent contractor, any individual the person directly retains and compensates for the performance of a service. The commission may assess a penalty against a person who fails to properly classify an individual as required in an amount not to exceed $200 for each individual that the person has not properly classified.

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Notes

Died upon adjournment. Companion to SB 592.

History

01/26/2017 Introduced.
02/27/2017 Read first time.
02/27/2017 Referred to House Committee on Economic and Small Business Development.
04/20/2017 Considered in public hearing. Testimony taken. Left pending in House Committee on Economic and Small Business Development.