Massachusetts

Call me a taxi! Were Massachusetts cab drivers employees?

taxi

From HR.BLR.com — David W. McBride discusses a recent case where a taxicab driver [Sagar] claimed that he was incorrectly classified by the company [Ambassador] as an independent contractor and should have been treated as an employee.  In addition, David explains how Massachusetts law makes it difficult to classify a worker as an independent contractor.…

FAAAA May Preempt Massachusetts Independent Contractor Law

From Mondaq.com — “In its lawsuit, the MDA argued that converting drivers from independent contractors to employees would dramatically impact the prices, routes and services motor carrier companies offer customers.  In addition to increasing motor carrier companies’ costs, which would increase prices charged to customers, routes and services would be impacted because drivers treated as…

Can an Independent Contractor share your trade secrets?

From the Oregon Business Report — “A recent case out of Massachusetts held that, as a matter of law, in the absence of a confidentiality agreement (or a formal confidentiality policy), an independent contractor was free to disclose a company’s trade secrets, including customer names, pricing information, business processes and work flow patterns, information about business relationships…

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…