An Act To Standardize the Definition of "Independent Contractor
Maine Legislature, Session 125, LD 1314
Committee Amendment CA_A-HA_C_H916 (House)
Amends: 39-A MRSA §401

HOUSE AMENDMENT "e"" to COMMITTEE AMENDMENT "A" to H.P. 960, 
L.D. 1314, Bill, "An Act To Standardize the Definition of "Independent Contractor"" 
Amend the amendment by inserting after section 10 the following: 
'Sec. 11. 39-A MRSA §401, sub-§I, as amended by PL 2001, c. 235, §§2 and 3, 
is further amended to read: 
1. Private employers. Every private employer, including an independent contractor 
who hires and pays employees, is subject to this Act and shall secure the payment of 
compensation in conformity with this section and sections 402 to 407 with respect to all 
employees, subject to the provisions of this section. 
Unless employed by a private 
employer, a person engaged in harvesting forest products is subject to this Act and shall 
secure the payment of compensation in conformity with this section and sections 402 to 
with respect to that person individually if that person is an employee as defined in 
section 102, subsection 11, paragraph B-1. 
A private employer who has not secured the payment of compensation under this section 
and sections 402 to 407 is not entitled, in a civil action brought by an employee or the 
employee's representative for personal injuries or death arising out of and in the course of 
employment, to the defense set forth in section 103. The employee of any such employer 
may, instead of bringing a civil action, claim compensation from the employer under this 
Act. 
The following employers are not liable under this section for securing the payment of 
compensation in conformity with this section and sections 402 to 407 with respect to the 
employees listed, nor deprived of the defenses listed in section 103: 
A. Employers of employees engaged in domestic service; 
B. Employers of employees engaged in agriculture or aquaculture as seasonal or 
casual laborers, if the employer maintains coverage by an employer's liability 
insurance policy with total limits of not less than $25,000 and medical payment 
coverage of not less than $5,000. 
(1) 
As used in this subsection, "casual" 
means occasional or incidental. 
"Seasonal" refers to laborers engaged in agricultural or aquacultural employment 
HOUSE AMENDMENT 
o~s 
~ 
HOUSE AMENDMENT ,~" to COMMITTEE AMENDMENT "A" to H.P. 960, L.D. 1314 
beginning at or after the commencement of the planting or seeding season and 
ending at or before the completion of the harvest season; and 
C. Employers of agricultural or aquaculturallaborers, if: 
(3) The employer has 6 or fewer agricultural or aquacultural laborers or the 
employer has more than 6 such laborers but the total number of hours worked by 
all such laborers in a week does not exceed 240 and has not exceeded 240 at any 
time during the 52 weeks immediately preceding the injury; and 
(4) The employer maintains an employer's liability insurance policy with total 
limits of not less than $100,000 multiplied by the number of full-time equivalent 
agricultural or aquacultural laborers employed by that employer and medical 
payment coverage of not less than $5,000. 
For purposes of this paragraph, seasonal and casual workers, immediate family 
members of unincorporated employers and immediate family members of bona fide 
owners of at least 20% of the voting stock of an incorporated employer are not 
considered agricultural or aquaculturallaborers. "Immediate family members" means 
parents, spouses, brothers, sisters and children. 
The burden of proof to establish an exempt status under this subsection is on· the 
employer claiming the exemption.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
This amendment specifies that independent contractors who hire and pay emp loyees 
are subject to the Maine Worke' 
mpensation Act 0-.:f..:,I:;:9.:,.9;::2;... ___ _ 
SPONSOREDBY: __ ~~~~~~~~ 
____ ___ 
(Representative 
HOUSE AMENDMENT