Independent Contractor (Self-Employed or Employee?)

The Massachusetts State-house in Boston, Massa...

The Massachusetts State-house (Photo credit: Wikipedia)

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 other business expense. Under Massachusetts Independent Contractor/Misclassification laws, Mass. Gen. Laws c. 149, § 148B.

There is a three-prong test to determine whether an individual is an independent contractor. All three elements of the prong must be satisfied in order to classify him or her as an independent contractor. The burden is on the employer to establish each element of the prong. In simple terms, this means that the employer has the responsibility to prove that an individual is not an employee.”

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