Alabama § 25-1-71 Contribution of Funds to Portable Benefit Accounts

Alabama Statutes

§ 25-1-71 — Contribution of Funds to Portable Benefit Accounts

Alabama·Title 25 Industrial Relations and Labor·Ch. 1 General Provisions·Art. 7 Portable Benefits Act

(a)Any person or entity, including an Internet or application based entity, may contribute funds to one or more portable benefit accounts.

(b)Where a hiring party contributes to a portable benefit account as a form of compensation, the contribution may not be construed by an Alabama court as any element of an employment relationship, including, but not limited to, for purposes of imposing liability on the hiring party under the Alabama Workers’ Compensation Act, Chapter 5 of Title 25.

(c)A contribution to a portable benefit account may be made using the funds of the hiring party or a percentage of funds withheld from compensation owed to an independent contractor if:

(1)The withholding of compensation is expressly agreed to in writing by both parties;

(2)The written agreement is clear

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(a) Any person or entity, including an Internet or application based entity, may contribute funds to one or more portable benefit accounts.
(b) Where a hiring party contributes to a portable benefit account as a form of compensation, the contribution may not be construed by an Alabama court as any element of an employment relationship, including, but not limited to, for purposes of imposing liability on the hiring party under the Alabama Workers’ Compensation Act, Chapter 5 of Title 25.
(c) A contribution to a portable benefit account may be made using the funds of the hiring party or a percentage of funds withheld from compensation owed to an independent contractor if:
(1) The withholding of compensation is expressly agreed to in writing by both parties;
(2) The written agreement is clear, unambiguous, and prominently displayed either in a services agreement or other contract between the independent contractor and the hiring party or a separate notice;
(3) The withholding of compensation is voluntary and requires an independent contractor to opt in; and
(4) The independent contractor may choose to opt out of the agreement at any time.

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