Massachusetts

Harvard University Gets Lesson In “Higher Education” In Independent Contractor Case 

Harvard

  From JDSupra, Mark Tabakman reports on a settlement between Harvard University and therapists and acupuncturists who alleged that they were misclassified as independent contractors.  Mark writes: [Harvard University] has just recently agreed to revise its university-wide worker classification system as part of a settlement of a class action involving allegations of misclassification. The case is entitled Donahue…

Massachusetts Appeals Court rules against Gatehouse, says its newspaper carriers are employees

newspaper delivery boy

  From MassLive.com, Shira Schoenberg reports that the Massachusetts Appeals Court found that a newspaper carrier was an employee and not an independent contractor.  Shira writes: A Massachusetts Appeals Court has ruled that newspaper carriers for a major Massachusetts media company must be classified as employees, not independent contractors. The case has larger implications for the…

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)…