slnlaw
  • 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

Delivery Driver Independent Contractor

Independent Contractor Delivery Driver
Ron was a delivery truck driver working for an appliance company in Massachusetts.  He and other drivers were classified and paid as independent contractors, not employees.

The company required Ron and others in his position to create their own LLC's, to further the appearance that this was a contractor relationship, not an employment relationship.  In reality, however, he worked full time for this company, and had no other customers or clients he provided these services to through his LLC.  He was also subject to significant control and direction by the company.  

The issue of his classification came to a head when Ron suffered an injury and had to take leave and request accommodations when he returned to work.  Upon his return, he was subject to ridicule about his injury and threatened with termination.  He then needed to take medical leave to care for his wife, who had been diagnosed with a serious health condition.  He was then fired.

As an employee, Ron would have been protected in taking medical leave under the FMLA, and would have been protected against retaliation for his own medical leave.  As an independent contractor he did not have any of those rights, unless he could challenge his classification and establish that he should have been an employee all along.

​As it was, he was faced with the loss of his job and only income source at a precarious time for his family.

Independent Contractor Law Solution

When Ron came to us, he was looking for compensation for his time out of work after what would have been an unlawful termination had he been a W2 employee.

The wrinkle for Ron is that his job involved driving a large truck in multiple states.  
That meant that one of the requirements of the Independent Contractor Law- that his services be outside the core business of the employer- did not apply.  This is because federal law preempts that provision for drivers of trucks over 10,000 pounds gross vehicle weight in interstate commerce.

The employer, however, still had to meet the other two prongs of the test: (i) that he was free from control and direction; and (ii) that he was regularly in the business of providing similar services to others.

It became clear very quickly that the reason he had been required to incorporate was to try to satisfy the second prong, and make it appear that he was in a separate business.  But the truth was the company was his only customer, so that prong was not satisfied.

In addition, we were able to demonstrate substantial supervision and control in the performance of his duties, which called the first prong of the test into question as well.

We helped him get his right to sue letter from the Attorney General, which is required to bring a Wage Act complaint.  We then filed suit on his behalf, conducted discovery, and ultimately settled the case in a way that compensated him for his wrongful termination.

Need Help With an Independent Contractor Classification?

Call (781) 784-2322
OR
Schedule a Free Information Call

Just Looking for Information?

Massachusetts Independent Contractor Law
Request Our Free Report

Postscript

Ron was able to move on from this unfortunate situation and cure the financial hardship that it caused for him.

If you are in a similar situation, remember that an employer has to meet all three of the prongs under the Independent Contractor Law.  This means that even if they are excused from one by operation of law (here, the federal preemption of the "core business" requirement), you still may have been misclassified.  

Can We Help You?

Non Compete and Unpaid Commissions MA employment lawyer
Unpaid commissions and non compete MA employment attorney slnlaq
Unpaid Commissions MA non compete lawyer slnlaw
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.
Schedule a Free Information Call

Sharon MA

46 South Main Street
​Sharon MA 02067

(781) 784-2322
Serving Eastern and Central Massachusetts
Greater Boston Referral Resources
slnlaw solutions
Refer a Friend
slnlaw publications and interviews
​slnlaw privacy policy
Chester MA
26B Main Street
Chester MA 01011
(413) 667-2322
Serving Western Massachusetts
Western MA Referral Resources

Copyright 2022, slnlaw
  • 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