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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.

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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.

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.  

How Our Employment Lawyers Can Help

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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.
Schedule a Free Information Call

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers >
      • Hiring Independent Contractors in Massachusetts
      • Termination Best Practices
      • Workplace Discrimination Employer Guide
      • Employee Handbook >
        • Employee Handbook Basics
      • Paid Family Leave and Your Small Business
      • Overtime Law for Employers
      • Employee Complaints About Pay
      • Employee Non Competes
    • Advice for Employees >
      • Employment Case Assessment
      • Discrimination in the Workplace
      • Sexual Harassment at Work >
        • Sexual Harassment Resources
        • Sexual Harassment in a Small Business
        • Constructive Discharge
        • Sexual Harassment and Non Disclosure Agreements
        • Sexual Harassment and Remote Work
        • Sexual Harassment Case Studies
      • Massachusetts Paid Family Leave
      • Non Compete Agreements >
        • Are non competes enforceable
        • Massachusetts Non Compete Act
        • Pre 2018 Massachusetts Non Competes
        • Non Compete Case Studies
        • Can I Avoid My Non Compete
      • Independent Contractor Law >
        • Independent Contractor Test
        • Working As Independent Contractor
        • Independent Contractor Case Studies
        • Independent Contractor Roadmap
      • Wage and Hour Laws >
        • Massachusetts Minimum Wage
        • Overtime Law >
          • Overtime Exemptions
          • Employee Travel Time
          • Federal or State Overtime Law
        • Overtime Law Case Studies
        • Massachusetts Wage Act >
          • Payment of Commissions
          • Wage Deductions
          • Late Payment of Wages
          • Paid Time Off
        • Wage Act Case Studies
        • What Are Your Wage and Hour Rights
      • Employment Contracts in Massachusetts >
        • Restrictive Covenants
        • Promissory Estoppel
      • Employment Termination >
        • Severance Pay
        • Should I Accept a Severance?
    • Unemployment in Massachusetts >
      • Unemployment Overpayment
      • Pandemic Unemployment
      • Unemployment Case Studies
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection >
      • Why You Need an Estate Plan >
        • Why You Don't Have an Estate Plan
      • Massachusetts Estate Tax
      • Asset Protection Trusts
      • Children with Special Needs
    • Planning for Assisted Living
    • Is Your Will Enough >
      • Special Circumstances >
        • Estate Planning for Blended Families
        • Estate Planning for a Non Citizen Spouse
        • Estate Planning and Divorce
        • Estate Planning for Small Business Owners
      • Surviving Spouse's Share
      • Disinheriting Children Massachusetts
      • Updating Your Estate Plan
    • Estate Planning Documents >
      • What is a Trust >
        • Revocable trust
        • Irrevocable trust
        • Irrevocable vs revocable trust
      • Last Will and Testament
      • Durable Power of Attorney
      • Massachusetts Health Care Proxy
      • Life Estates in Massachusetts
      • Massachusetts Pet Trust
    • Probate Process >
      • Non Probate Assets
  • 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
    • 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