The bill amends Section 28-29-17.1 of the General Laws in Chapter 28-29, which pertains to workers' compensation general provisions, specifically regarding the designation of individuals as independent contractors. The amendment requires that, effective January 1, 2024, any person wishing to be considered an independent contractor must file a notice of designation with the director of labor and training annually for each hiring entity that retains their services. The amendment also removes the requirement that the notice of designation be filed in writing, allowing for electronic filing. Additionally, the bill stipulates that the designation of independent contractor status is presumptive upon filing the notice but does not prevent the court from finding independent contractor status even if the notice is not filed. The designation remains in effect unless the person fails to submit an annual filing after receiving a 20-day notice from the director for failure to file or if the person withdraws the designation.

The bill also includes provisions for the workers' compensation court to vacate any improperly procured "notice of designation" and states that these provisions apply to injuries occurring on and after January 1, 2001. Furthermore, it requires the department of labor and training to send a list of all individuals who have filed a designation form to the Rhode Island division of taxation in the department of revenue by April 1 of each year. The bill will take effect upon passage and aims to streamline the process for individuals to establish themselves as independent contractors while ensuring that the designation is properly monitored and recorded.

Statutes affected:
7837  SUB A: 28-29-17.1
7837: 28-29-17.1