Massachusetts

Mass. DFML on Contractors “25 Covered Individuals” Threshold

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From The National Law Review, Nancy L. Gunzenhauser Popper and Anastasia A. Regne discuss when independent contractors are included under Massachusetts Paid Family and Medical Leave Act. Nancy and Anastasia write: The Massachusetts Department of Family and Medical Leave (“DFML”) has been providing on-going substantive and procedural regulations and guidance to effectuate the state’s Paid…

Court Uses 8-Factor Test To Hand Gig Businesses Victory In Next Round In New Prime Arbitration Battle 

From Mondaq, Richard R. Meneghello discusses the recent Massachusetts case which found that a DoorDash driver was not a “transportation worker” under the Federal Arbitration Act (FAA), was not entitled to the transportation worker exemption, and therefore an arbitration agreement between DoorDash and its driver should be enforced. Richard writes: U.S. District Court Judge Indira…

It’s Not Just California with an Employee-Friendly Worker Misclassification Test: Massachusetts was an Early Adopter 

From JDSupra, Michelle Roberts Gonzales, David Mitchell, and Jody Newman remind readers that Massachusetts uses the ABC test to classify workers as employees or independent contractors. They write: The legal community paid close attention to the California Supreme Court’s 2018 Dynamex decision which adopted a strict test to curtail misclassification of workers as independent contractors. Now that…

Federal Court in Massachusetts Halts DoorDash Driver’s Claims, Greenlights Arbitration

From Lexology, Jillian Hart and Robert O. Sheridan discuss a Massachusetts case in which the court said a driver for DoorDash was not a transportation worker and was not able to take advantage of the exclusion under the Federal Arbitration Act for transportation workers. As a result, the arbitration agreement he signed was enforceable. Jillian and Robert…

Massachusetts AG Prosecutes Cleaning Company for Workers Compensation Insurance Fraud

The Saugus Advertiser published a press release from the Massachusetts Attorney General’s Office describing the prosecution of a cleaning company owner who misclassified workers to avoid workers compensation premiums.   The owner of a Malden-based cleaning company pleaded guilty and was sentenced to jail in connection with an insurance fraud scheme that involved worker misclassification, Attorney…

MA: Cleaning Company Cited $335,000 for Wage, Payroll Violations and Worker Misclassification

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WorkersCompensation.com reports that a Massachusetts cleaning company will pay $335,000 for wage law violations including misclassifying workers as independent contractors. WorkersCompensation.com reports: A cleaning and janitorial services company and its president will pay $335,000 in restitution and penalties for misclassifying its workers as independent contractors and for violating the earned sick time law, Attorney General Maura…

Massachusetts Supreme Judicial Court Clarifies Class Action Standards for Wage and Hour Cases

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From Lexology, Stephen T. Melnick reviews a recent case in which the Massachusetts Supreme Judicial court discussed aspects of class action certification for wage and hour claims – claims that would typically be made when there is an allegation that a worker was misclassified as an independent contractor. Stephen writes: The Massachusetts Supreme Judicial Court…

Contractor can’t sue as third-party beneficiary

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From Massachusetts Lawyers Weekly, Kris Olson reports that a contractor cannot sue the client of the party with which the contractor had an agreement. Kim writes: A contractor’s breach of contract claim against the company that created preliminary designs for a project should be dismissed because the contractor was not an intended beneficiary of the…

Foreign manufacturer misclassifies Mass. sales rep as contractor

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From Massachusetts Lawyers Weekly, Eric T. Berkman discusses a recent Massachusetts case in which a sales representative was determined to be an employee under Massachusetts’ ABC test. Eric writes:  A Massachusetts resident who provided outside sales services to a Taiwanese manufacturer was misclassified as an independent contractor and entitled to Wage Act protections, a U.S.…

Lyft drivers bound by ‘clickwrap’ arbitration clause

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From Massachusetts Lawyers Weekly, Pat Murphy  A Massachusetts Lyft driver’s class action alleging that the ride-sharing company violated the Wage Act by classifying him as an independent contractor is subject to a mandatory arbitration clause in the company’s “clickwrap” terms of service agreement, the 1st U.S. Circuit Court of Appeals has ruled in a closely…