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Hiring Independent Contractors- What You Need to Know

If you have decided that the position you want to fill meets the requirements of the Massachusetts Independent Contractor Law, there are a few things you should know before moving forward.

Written Contract:  In an employment situation, it is not always necessary to have a written contract.  When you hire an independent contractor, however, you should absolutely have one.  You will want to spell out in writing the duties (hopefully in a way that tracks the legal requirements for a contractor), as well as terms of payment, duration of the agreement, and whether and how it can be terminated by either party.

Work for Hire:  If you have an employee who creates intellectual property for you, that is considered "work for hire" under the law, and the intellectual property belongs to the employer.  In the case of an independent contractor, in order to retain that benefit, you have to have a written agreement that specifies that intellectual property they are paid to create belongs to you.

Hedging your bets:  If you are at all unsure about whether the classification will meet the legal test, but wish to proceed anyway, you can protect yourself from some of the most expensive risks by: (i) making sure timing of payments meets the requirements of the Wage Act; (ii) specifying that the contractor is not to put in more than 40 hours in a week without your prior written approval (to avoid overtime claims); and (iii) carrying workers compensation insurance that covers the contractor in case of a work-related injury.

Learn more here about the Massachusetts Independent Contractor Law.

Need Help With Independent Contractor Classification?

Call (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