What Does "Free From Control and Direction" Mean Under the Independent Contractor Law?
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The first part of the three-part test under the Massachusetts Independent Contractor Law is that you are "free from control and direction in your work."
Sometimes the application of this test is straightforward. If you are engaged to complete a project and given only specifications and an outcome, not instruction on how to do it, you are likely "free from control and direction." If you are providing working under the daily supervision of another person, given specific assignments and told how to approach those assignments, you likely are not. There are many situations in the middle, where application of this test is very fact-specific. One way to think of it is whether you are only told what to get done, or whether (or to what extent) you are told how to do it, and evaluated or assessed on how you do it. Learn more here about the Massachusetts Independent Contractor Law. |
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