| Chapter 197 |
| 2024 -- H 7837 SUBSTITUTE A Enacted 06/17/2024 |
| A N A C T |
| RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION -- GENERAL PROVISIONS |
Introduced By: Representative Arthur J. Corvese |
| Date Introduced: March 01, 2024 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 28-29-17.1 of the General Laws in Chapter 28-29 entitled "Workers’ |
| Compensation — General Provisions" is hereby amended to read as follows: |
| 28-29-17.1. Notice of designation as independent contractor. [Effective January 1, |
| 2024.] |
| (a) A person will not be considered an “independent contractor” unless that person files a |
| notice of designation with the director, consistent with rules and regulations established by the |
| director, in writing, on a form or on a form capable of being filed electronically provided by the |
| director annually, that the person is an “independent contractor”. A person shall be required to file |
| the form annually for each hiring entity that retains their services, regardless of how many forms |
| are filed. The filing of the notice of designation shall be a presumption of “independent contractor” |
| status but shall not preclude a finding of independent contractor status by the court when the notice |
| is not filed with the director. That designation shall continue in force and effect unless the person |
| fails to submit an annual filing after receipt of a twenty-(20)day (20) notice issued by the director |
| for failure to file annual designation or withdraws that designation by filing a notice with the |
| director, in writing, on a form provided by the director, that the person is no longer an “independent |
| contractor”. Any designation or withdrawal of designation form shall be deemed public information |
| and the director shall furnish copies or make available electronically the forms and designations, |
| upon written request, to any employer or insurer or its authorized representative. |
| (b) The workers’ compensation court may, upon petition of an employee, the dependents |
| of a deceased employee, or any other party in interest at any time, vacate any “notice of |
| designation” if the “notice of designation” has been improperly procured. |
| (c) The provisions of subsections (a) and (b) shall only apply to injuries occurring on and |
| after January 1, 2001. |
| (d) By April 1 of each year, the department of labor and training will send a list of all |
| individuals who have filed a designation form to the Rhode Island division of taxation in the |
| department of taxation revenue. |
| SECTION 2. This act shall take effect upon passage. |
| ======== |
| LC005514/SUB A |
| ======== |