Maine Adopts Uniform Standard for ‘Independent Contractor’

Maine has recently adopted a new, uniform standard for who can be classified as an “independent contractor” for worker’s comp and other employment-related cases.

The change went into effect on Dec. 31, 2012. Previously, the state’s department of labor, the workers’ compensation board and the revenue services used different criteria.

Services performed by an individual for remuneration are considered to be employment unless it is shown that the individual is free from the essential direction and control of the employing unit.

To establish a worker as an independent contractor, the employer should prove that the individual meets all criteria in Section A and three of the criteria in Section B.

Section A:

Section B: