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Cosmetic Sales Representative Under Independent Contractor Law

Independent Contractor Cosmetic Sales Rep
Lisa worked as a mall-based sales representative for a cosmetic company.  She was subject to supervision and control, and the products that she sold were the core products of the company.  Nonetheless, she was classified and paid as an independent contractor, not an employee.

Lisa was frequently asked to travel between sites, and her work time plus her midday travel time often exceeded forty hours in a week.  She was never paid overtime, and there were no taxes withheld from her paycheck.

After her employment terminated, Lisa went to do her taxes and realized that not only did she owe the self-employment tax, but would likely owe interest and penalties because there had been no withholdings during the year.  So she began to question her classification as an independent contractor.

Independent Contractor Law Solution

Upon review of Lisa's job responsibilities, it was clear that she should have been paid as a W2 employee, not as an independent contractor.  It was also clear that she had suffered some concrete damages as a result of that decision.

We represented Lisa in a lawsuit brought in the Massachusetts courts, and were ultimately able to get her a settlement which compensated her for the damages she had suffered.

Postscript

Lisa was compensated for the financial harm she had experienced.  She also was able to see some kind of accountability for a situation she believed was unfair and wrong.

If you are in a similar situation, remember that just because it may be common for people to work as independent contractors in your field, that does not mean it is legal.  Also remember that if you are being paid as an independent contractor, whether you have a legal claim or not, you should be aware that you need to plan for the taxes that will be owed on your 1099 income the following year.

Need Help With an Independent Contractor Classification?

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We have years of experience helping people with employment classification issues, and we would be happy to help. You can use the button below to schedule a call back from a member of our team, or give us a call at  781-784-2322.
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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
      • Should I Accept a Severance?
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law >
      • Independent Contractor Test
      • Working As Independent Contractor
      • Hiring Independent Contractors in Massachusetts
      • Is My Independent Contractor Status Legal?
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
      • Can I Avoid My Non Compete?
    • Do I Have a Case?
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog