Blog » Independent Contractor Law

  • Massachusetts Independent Contractor Law

    Oct 27, 2014

    independent contractor 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 the usual course of the company’s business; and 3. The individual is engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed. Eve

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  • Top Six Myths About Independent Contractors in Massachusetts

    Dec 31, 2012

    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 workers simply by using language in a contract.  The burden is still on the employer to show that the relationship with the individual meets the three part test in M.G.L. c. 149 sec. 148B). The standard in our industry/profession

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  • Massachusetts Independent Contractor Law and Damages

    Dec 19, 2012

    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 or business of the same nature as that involved in the service performed.   It doesn’t matter that the individual agreed to be an independent contractor or even signed a contract that said that the

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  • Independent Contractors in Massachusetts

    Jun 14, 2012

    Since Massachusetts amended its laws in 2004, it has been very difficult for companies to legitimately treat workers as independent contractors.   Although many companies have now put those “independent contractors” on the payroll, many still have not. For a worker to be an independent contractor in Massachusetts, that worker would have to meet the following test: 1. The individual has been and will continue to be free from control and direction in connection with the performance under the contract. 2. The worker’s services are performed outside the usual course of busi

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  • Massachusetts Employee – or Independent Contractor?

    Sep 8, 2011

    If you are working for a company in Massachusetts,  it is more likely than not that you should be treated  as an employee with benefits, rather than an independent contractor without benefits and with lower pay.   Why should you care if you are given a 1099 and your employer classifies you as an independent contractor?  Workers who are treated as independent contractors often don’t have the same benefits as employees and they can be left without worker’s compensation insurance if they are injured on the job, and without unemployment benefits if they are laid off. The Massachusetts

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  • Employee Complaints Regarding Wage and Hour Laws Spark Investigations and Citations

    Sep 24, 2010

      Employees’ complaints of various wage and hour law violations, including nonpayment of wages, misclassification of employees, record-keeping violations and failure to pay the prevailing wage have resulted in numerous recent investigations and citations by the Massachusetts Attorney General’s office (“AG”).  A Rhode Island Construction Company has agreed to pay over $66,000 in restitution and fines for failure to pay the prevailing wage on Massachusetts projects.  A Norwood car dealership was required to pay $280,000 in restitution, as well as a $7,500

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  • Welcome to the Boston, Massachusetts Employment Law Blog

    Jun 8, 2010

    Welcome and thank you for visiting our employment blog. Check back often for updates on employment cases of interest, changes in statutes and regulations, and reports on best practices in employment in Massachusetts. We don’t give legal advice here, because employment matters are fact specific and each case is different. We do hope you find the content interesting and informative. Our first substantive post concerns best practices for terminations, because the process is often mishandled, leading to expensive and unnecessary lawsuits.  Please call me if you have any questions. Maura Gr

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