Independent Contractors & Misclassification
Legislation will be proposed that would change the independent contractor test (ABC test) used in the unemployment law so that it would be easier for self-employed individuals to qualify as an independent contractor instead of being declared the employee of a customer or client.
NFIB members have mixed views on the independent contractor – misclassification – issue, so we will be watching the matter carefully to ensure that any changes make sense for legitimate business-to-business relationships.
Most states do not use the ABC test. Most states are more flexible than Maine in ascertaining whether someone is an independent contractor or employee.