The Massachusetts Independent Contractor Law makes it very difficult for companies to legally hire independent contractors. There is a three part test that most companies can’t meet.
The Three Part Independent Contractor Test
The company must show:
1. The individual is free from direction and control;
2. The service is performed outside . . . → Read More: Massachusetts Independent Contractor Law
The Boston Globe is reporting that Market Basket workers are saying that the co-CEO’s have sent letters setting a deadline for a return to work. The letter directs the employee to return to work or “the company will consider you to have abandoned your job, thereby ending your employment with the company.”
Eligibility for Unemployment . . . → Read More: Will Market Basket Contest Unemployment?
A Peabody cleaning contractor, Ward’s Cleaning Service, Inc. must pay its workers $1 million in back pay and damages. The cleaning company illegally asked employees to use multiple time cards with different names, changed time cards, paid employees with checks made out to false names and paid employees in cash.
Companies, like this cleaning company, . . . → Read More: Cleaning Company Ordered to Pay Overtime
Many companies and individual workers in Massachusetts are still clinging to certain myths about classifying workers as independent contractors. Here are the top six often held, but misguided beliefs:
I signed a contract that says I am an independent contractor, so I must be one, right? (Actually, employers cannot avoid the obligation to properly classify . . . → Read More: Top Six Myths About Independent Contractors in Massachusetts
The Massachusetts independent contractor law restricts employers from classifying workers as independent contractors unless the employer can show (1) that the individual is free from direction and control, (2) the service is performed outside of the usual course of the company’s business and (3) the individual is engaged in an independently established trade, occupation, profession . . . → Read More: Massachusetts Independent Contractor Law and Damages
Employees who work on a commission basis often question whether they are entitled to receive commissions upon the termination of their employment. Massachusetts law provides that an employee who is terminated from employment involuntarily must be paid in full on the day of his or her discharge. These wages would include earned base salary, accrued . . . → Read More: Commissions As Wages For Terminated Employees
Home care workers who take care of the elderly, house bound and infirm in Massachusetts are protected by state laws on minimum wage, overtime and meal breaks. Home care workers in New York State just resolved a class action lawsuit, claiming that they weren’t paid overtime and worked “off the clock.” You can read about . . . → Read More: Rights of Home Care Workers in Massachusetts
For a discussion of tip sharing practices in Massachusetts, read this post by Boston labor and employment attorney, Maura Greene . . . → Read More: Tip Pooling Practices and the 20 Per Cent Tip
Under Massachusetts tip pooling laws, waitstaff may not be required to share their tips with restaurant owners or managers. This is true whether there is a tip jar on the counter, the customer leaves cash on the table or the tip is on a credit card. The owner of the restaurant may not require servers . . . → Read More: Tip Pooling Laws and Servers’ Rights in Massachusetts
The Massachusetts Tip Pooling Act protects the tips of waitstaff from being distributed to employers, managers and employees who are not serving restaurant customers directly. Three types of restaurant employees may share tips: wait staff, service employees and service bartenders.
Employees who do not serve customers directly, such as kitchen staff, administrative staff and expeditors . . . → Read More: Massachusetts Tip Pooling Act And Protections for Waitstaff