SSB 3144

This bill regards persons who are deemed independent contractors when performing services while operating certain vehicles, for purposes of certain workers’ compensation, wage, and unemployment requirements. Under Code chapter (workers’ compensation), a worker or employee is entitled to certain workers’ compensation benefits. However, the terms “worker” and “employee” do not include an independent contractor. An owner-operator who owns a vehicle licensed and registered as a truck, road tractor, or truck tractor is considered an independent contractor while performing services in the operation of the owner-operator’s vehicle if certain conditions apply. The bill defines the term “owns” as it relates to an owner-operator who owns a vehicle and qualifies as an independent contractor for purposes of Code chapter 85.23). The bill excludes from the term “employee” in Code chapters 91A (wage payment collection) and 91D (minimum wage) an owner-operator performing services while operating their vehicle who qualifies as an independent contractor under the bill. By operation of law, an employer is exempt from certain wage payment collection requirements and minimum wage requirements as it relates to non-employees. Furthermore, under Code chapter 91B, such non-employees are not entitled to certain rights regarding access to information and bringing certain claims against employers who release information. The bill also provides that an employing unit, as defined in Code chapter (employment security and unemployment compensation), shall not be deemed to employ an owner-operator performing services while operating their vehicle who qualifies as an independent contractor under the bill. By operation of law, an employing unit is exempt from certain unemployment compensation requirements as it relates to persons it does not employ.