Are There Exceptions to the Massachusetts Independent Contractor Law?
Scope of the Independent Contractor LawThere are no specific exceptions listed in the Massachusetts Independent Contractor Law. There are some situations, however, where it may not apply.
The state law, or parts of it, may be preempted by federal law. For example, people who drive trucks over 10,000 pounds in interstate commerce are subject to federal regulations that preempt one prong of the three-part test- the "usual course of business" prong. That means the employer does not have to show that the work was outside of their usual course of business, but only that the driver was free from supervision and control and offered similar services to others. The Independent Contractor law has also been found to conflict with real estate licensing requirements, meaning some real estate agents are excepted from the law. Some employers have been able to escape the "usual course of business" prong by defining their business differently from the service provided. Ride share companies, for example, argued that they are only in the business of connecting drivers to customers, not actually providing ride services. Some insurance companies have made similar arguments with respect to their independent agents. Learn more here about the Massachusetts Independent Contractor Law. |
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Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, been interviewed by the Massachusetts Superlawyers magazine about non compete agreements, and written an op-ed in the New York Times about the dangers of non competes. Along with the rest of the slnlaw team, she has helped hundreds of clients navigate, negotiate, or defend against their non compete agreements.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped many clients understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna works with employers to develop reasonable and enforceable employee agreements, including non competes. She has also helped employees understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients both evaluate and negotiate their non compete agreements, and defended non compete claims in state and federal courts.
How We Can Help
We have years of experience representing individuals and small businesses solve many different employment problems, large and small. You can use the button below to schedule a call back from a member of our team to learn more about working with us, or give us a call at 781-784-2322.
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