Massachusetts

Massachusetts high court case considers workers’ compensation for newspaper deliverers

newspaper delivery boy

  From MassLive, Shira Schoenberg reports that the Massachusetts Supreme Judicial Court is considering a case in which a newspaper deliverer was classified as an independent contractor and was injured.  Shira writes: If a newspaper delivery person gets hurt on the job, should she be eligible for workers compensation? The answer depends on whether she is an…

Judge rules taxi driver is an employee, not contractor

From the Gloucester Times, Mary Markos reports that judge found a taxi driver to be an employee and not an independent contractors. The judge’s conclusion is different from the decision by the Supreme Judicial Court when it considered whether Boston taxi drivers challenged their classification as an independent contractor. See These Taxi Drivers Are Not Employees Says Massachusetts…

2016 Massachusetts Employment Law Year In Review

Massachusetts blue map

  From the National Law Review, Robert Sheridan reviews the developments in 2016 in employment law in Massachusetts including a court decision that said that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) preempts Massachusetts’ stringent independent contractor statute.  Robert writes: A Federal Law Preempts, in Part, Enforcement of Massachusetts’ Independent Contractor Statute Against Motor…

NH Drywall Company Agrees to $500,000 Settlement

Drywall installers

  The Massachusetts Attorney General released a statement saying that a drywall company agreed to pay $500,000 to resolve allegations that it misclassified workers as independent contractors.  The statements says: A New Hampshire drywall company and its owner have agreed to a $500,000 settlement to resolve allegations that they misclassified employees as independent contractors on…

Labor and Employment Group News: Independent Contractor or “Employee, Inc.”? 

Massachusetts Articles of Incorporation

From  JDSupra, Barry Waters discusses a recent case in which the Massachusetts Supreme Judicial Court (SJC) said that the Massachusetts independent contractor statute might apply to individuals who provide services through a corporation.  Barry writes: The Court cited the following factors from a Massachusetts Attorney General advisory to determine if the corporate form represents a legitimate…

MA Court says FAAA Preempted Independent Contractor Statute

delivery truck

  There have been multiple cases in Massachusetts in which parties claim that the Federal Aviation Administration Act (FAAA) preempts the Massachusetts independent contractor statute.  State laws that affect the rates, routes, or services of transportation providers are preempted by the FAAA.  In Rice v. Diversified Specialty Pharmacy, LLC, et al.  (Curran, J.) (Middlesex Superior Court)…

Umpteenth Time’s the Charm? Massachusetts Has Another Go At Non-Compete Reform

noncompete agreement

  From JDSupra, Dawn Mertineit, Katherine Perrelli, and Erik Weibust discuss proposed legislation that would limit non-compete agreements in Massachusetts.  This legislation would apply to independent contractors and employees.  Dawn, Katherine and Erik write: The bill also defines “employee” to include independent contractors, notwithstanding the many fundamental differences between employees and independent contractors under Massachusetts law.   It’s unclear why…

Same-Day Delivery Companies: 2; MA Independent Contractor Statute: 0. First Circuit Once Again Upholds Classification of Couriers as Independent Contractors 

Massachusetts Map

    From JDSupra, Gauri Punjabi discusses the preemption of the Massachusetts independent contractor statute by the Federal Aviation Administration Act of 1994 (FAAAA).  Gauri write: The Massachusetts Attorney General in Massachusetts Delivery Association v. Healey claimed that the couriers hired by same-day delivery companies were not performing services outside the usual course of the companies’ business…

MA Attorney general’s office seeks help enforcing labor laws 

Massachusetts blue map

  From WickedLocal.com, Jessica Trufant reports that the head of the Massachusetts Attorney General’s Fair Labor Division said that her office needs witnesses and workers talking to them about misclassification. The head of the attorney general’s Fair Labor Division said it’s a top priority to investigate contractors accused of bypassing wage and labor laws, but…