Massachusetts

Misclassification of Independent Contractors: A Challenge for Massachusetts Companies in the Delivery, Taxi, and Livery Sectors

From The National Law Review  — “Although Massachusetts uses a seemingly straight-forward, three-prong test sometimes referred to as the ABC Test to determine whether an individual is properly classified as an independent contractor, Massachusetts is regarded as having one of the most – if not the most – restrictive statutes in the United States. Specifically, the…

Lawsuit alleges Uber misclassifies workers as independent contractors

From The Boston Globe — “The suit filed Thursday in Suffolk County Superior Court in Boston by Shannon Liss-Riordan, who has won major labor lawsuits representing Starbucks baristas, house cleaners, skycaps, and exotic dancers, accuses Uber of misclassifying its drivers as independent contractors to avoid paying them the same as employees with benefits. The suit also accuses…

Independent Contractor (Self-Employed or Employee?)

From The Everyday Law Blog — “What is an independent contractor? An independent contractor is an individual or company that provides services for another. An independent contractor differs from an employee because an independent contractor works for him or herself. An independent contractor is responsible for paying his or her own taxes, health insurance, or any…

Massachusetts Employers May Be Liable to Out-of-State Employees Misclassified as Independent Contractors

From Holland & Knight — “Massachusetts employers have long labored under the strictures of the Massachusetts independent contractor statute, General Laws c. 149, §148B, which makes it exceptionally difficult to engage workers in Massachusetts as independent contractors rather than employees. A misclassification, coupled with a failure to pay overtime, can result in liability for treble damages plus…

Massachusetts Independent Contractor Law

Massachusetts blue map

From Morse Barnes-Brown Pendleton, Robert Shea discusses the Massachusetts Independent Contractor Law.  Bob discusses worker classification under federal law and then the various Massachusetts state law tests: Worker Status under Massachusetts Law The Unemployment Compensation Law Test Massachusetts is among nineteen states that have a three-part test for determining worker status for unemployment compensation purposes.…