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
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
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 . . . → Read More: Independent Contractors in Massachusetts
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? . . . → Read More: Massachusetts Employee – or Independent Contractor?
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 . . . → Read More: Employee Complaints Regarding Wage and Hour Laws Spark Investigations and Citations
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 . . . → Read More: Welcome to the Boston, Massachusetts Employment Law Blog