Important Call for Written Testimony!!!
A State House hearing for two important pieces of legislation is scheduled for Tuesday, June 4th at 1pm. We need artists of all disciplines to testify and/or send in written testimony in support of the following:
H.1652 “An Act Relative to the Creative Economy Bill”, filed by Rep. Mary Keefe
& its counterpart in the Senate, S.1099, filed by Senator Michael O. Moore.
Link to H.1652 https://malegislature.gov/Bills/191/H1652
Link to S.1099 https://malegislature.gov/Bills/191/S1099
MALC will be testifying in support of both pieces of legislation and encourages others to come and testify and/or send in written testimony in support of these bills!
The Independent Contractor 2004 law change has been an issue that has been negatively impacting those in the Creative Economy. These two identical bills fix this issue for our sector with an intellectual property carve out.
The 2004 Independent Contractor law change made it next to impossible for people to be classified as independent contractors in Massachusetts. When you are classified as an employee, you do not own or control your intellectual property. Your work and copyrights belongs to the employer. H.1652 and S.1099 exempt artists of all disciplines from the Independent Contractor Law and safeguards someone being forced into an employee status, unless they so choose.
H.1652 & S.1099 state that the individual “freely and voluntarily identifies, markets or promotes oneself as a freelancer, as self-employed, as a sole proprietor or as an independent business; (ii) controls and regularly negotiates the use of the individual’s intellectual property; and (iii) meets the federal standards for being an independent contractor including, but not limited to, standards developed by the United States Internal Revenue Service or Department of Labor.”
Background on the issue:
http://www.artistsunderthedome.org/MAindependent_contractor.html
Note: there were several other Independent Contractor Bills filed. None of them fix the issue for artists working in all disciplines.
Time and location of Tuesday’s hearing:
https://malegislature.gov/Events/Hearings/Detail/3157
Please send in written testimony if you can’t attend the hearing in person!
If you plan to testify in person at the hearing, it is recommended to show up at least 15 minutes beforehand to “sign in” to testify. Have your talking points ready (you will only have about 3 minutes to present) and have your longer, written “testimony” to email to the individuals below for the committee members to have/read.
Email your written testimony to both staffers listed below:
Patrick.Prendergast@mahouse.gov
Matthew.Hartman@masenate.gov
Please send in your testimony no later than Wednesday, June 5th noon.
How to address your testimony
The Joint Committee on Labor and Workforce Development
Room 424 and Room 472
Massachusetts State House
Boston, MA 02133
Dear Chairwoman Senator Jehlen, Chairman Representative Brodeur, and Members of the Joint Committee on Labor and Workforce Development,
I am writing in support of H.1652 “An Act Relative to the Creative Economy Bill”, filed by Rep. Mary Keefe & its counter part in the Senate, S.1099, filed by Senator Michael O. Moore.
Indicate what artistic discipline(s) you practice and why you support these bills, i.e. the right to be an independent contractor/freelancer, etc.
Sign your name, include your address and contact information