Bill Summary:

For the purpose of creating a rebuttable presumption that an individual is an independent contractor, the bill allows the individual to establish that the person for whom he or she is performing services does not combine the business operations with the individual's business and the individual performs work that is not the primary work of the person or related to the primary work of the person. When determining whether an individual qualifies for unemployment insurance, the bill directs the division of unemployment insurance (division )in the department of labor and employment (department) to consider whether the individual has separated from employment or has refused to accept new employment because: The employer requires the individual to work in an environment that is not in compliance with: Federal centers for disease control and prevention guidelines applicable to the employer's business and workplace at the time of the determination; state and federal laws, rules, and regulations concerning disease mitigation and workplace safety; an executive order issued by the governor requiring the employer to close the business or modify the operation of the business; and any public health order issued by the department of public health and environment or a local government; The individual is the primary caretaker of a child enrolled in a school that is closed due to a public health emergency or of a family member or household member who is quarantined due to an illness during a public health emergency; or The employee is immunocompromised and more susceptible to illness during a public health emergency.

CEA Position Rationale: CEA supports access to unemployment insurance, especially during the current economic crisis, is critical for those who need it. Students, families, educators, and all workers should be able to apply for an receive unemployment insurance if they are unable to work. 

Legislative Priorities: Mental Health and Socio-Emotional Health, Accountability and Evaluation System Reform, Prioritize Working Families and Union Values, Dismantle Inequitable and Racist Structures

Tier: 3