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House approves change to evidentiary standard for labor determinations, easing burden on workers claiming employment status

Utah House of Representatives · February 10, 2012
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The House passed HB215 to change the evidentiary standard for Department of Labor determinations from 'clear and convincing' to 'preponderance of the evidence.' Supporters said the move reduces an excessively high civil standard; opponents asked for more examples before lowering the bar. The bill passed 55–16.

Representative Paul Morley sponsored House Bill 215, which changes the evidentiary standard the Department of Labor applies when determining whether a worker is an employee (rather than an independent contractor) in disputes about LLC member status. Morley said the earlier 'clear and convincing' benchmark was an unusually high standard for these civil administrative…

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