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SCR 138

Declares Department of Labor and Workforce Development new rules concerning employment status test for independent contractors inconsistent with legislative intent.

2024-2025 Regular Session Introduced by Declan O'Scanlon

Summary of Senate Concurrent Resolution 138 OverviewSenate Concurrent Resolution (SCR) 138 declares that new rules issued by the Department of Labor and Workforce Development conce

Introduced in the Senate, Referred to Senate Labor Committee
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Bill Summary · SCR 138

Summary of Senate Concurrent Resolution 138

Overview

Senate Concurrent Resolution (SCR) 138 declares that new rules issued by the Department of Labor and Workforce Development concerning the employment status test for independent contractors are inconsistent with the original legislative intent behind existing laws.

Purpose and Intent

The resolution asserts that the department's new rules improperly expand the definition of "employee" in a way that goes beyond what was envisioned when the relevant statutes were enacted. The intent is to express the legislature's disagreement with the department's interpretation and rulemaking on this issue.

Key Provisions

  • Declares the department's new rules on the independent contractor employment status test to be inconsistent with legislative intent
  • States that the legislature did not intend for the existing laws to be interpreted and applied in the manner reflected in the department's new rules
  • Directs the department to review and revise the new rules to better align with the original legislative purpose

Potential Impact

If adopted, SCR 138 would:
- Signal the legislature's disapproval of the department's rulemaking on this issue
- Pressure the department to revisit and modify the new rules on classifying independent contractors
- Potentially lead to changes in how worker classification is determined, which could impact businesses that rely on independent contractors

Procedural Considerations

As a concurrent resolution, SCR 138 does not require the governor's signature to take effect. It would express the joint position of the state senate and assembly. The resolution has been referred to the Senate Labor Committee for further consideration.

Compiled from official sources — confirm details with the bill’s official record.

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