Independent Contractor Law: Case Studies
Independent Contractor Law Case Studies: Real Stories, Legal InsightsThe Massachusetts Independent Contractor Law can be a source of confusion for many individuals who are often classified as independent contractors when they should rightfully be treated as employees. This issue spans across various professions and industries, even in those where freelancers or independent contractors are the norm. In this collection of case studies, we shed light on real stories of individuals who sought assistance in enforcing their lawful status under the Independent Contractor Law. While each person's experience is unique, these case studies offer valuable lessons for those facing similar situations.
Physician Classification Under Independent Contractor Law
Meet Alex, a psychiatrist working for a mental health treatment center in Massachusetts. Despite her role requiring independent clinical judgment, she faced close supervision and stringent protocols from the institution. Her work closely resembled that of employed physicians, raising questions about her classification. Read more here.
Delivery Driver Classification Under Independent Contractor Law
Ron, a delivery truck driver for an appliance company, and his peers were classified as independent contractors. However, the company required them to establish LLCs to create the appearance of a contractor relationship. In reality, Ron worked full-time for the company and lacked other clients, raising concerns about his classification. Read more here.
Independent Contractor and Unemployment Denial
Christina, an attorney considered a junior partner, was paid as an independent contractor by her law firm. She didn't receive the benefits of a true partnership, and when she was laid off and sought unemployment benefits, she faced denial due to her non-employee status. Read more here.
Set Builders Under Independent Contractor Law
Juan, Mark, and Jim, employed as set builders for a Massachusetts-based entertainment company, were classified as independent contractors for years. This classification meant no overtime pay, no unemployment benefits, and self-employment tax responsibilities. Read more here.
Fitness Instructor Under Independent Contractor Law
Joanne worked as a fitness instructor and manager at a small studio in Massachusetts. Her duties were integral to the studio's core business, yet she was classified and paid as an independent contractor. Read more here.
Cosmetic Sales Representative and Independent Contractor Law
Lisa, a mall-based sales representative for a cosmetic company, faced supervision and control in her role, with the products she sold being central to the company's offerings. Despite these factors, she was classified as an independent contractor, leading to issues such as unpaid overtime and no tax withholdings. Read more here.
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Conclusion
These case studies offer a glimpse into the intricacies of the Massachusetts Independent Contractor Law. By examining the experiences of these individuals, we can gain a deeper understanding of the challenges and complexities surrounding independent contractor classification. Whether you are an independent contractor seeking clarity or an employer navigating classification issues, these stories provide valuable insights into this evolving legal landscape.
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, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and navigating the nuances of the Massachusetts Independent Contractor Law.
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 clients with independent contractor misclassification and wage and hour disputes, employment discrimination, harassment and retaliation claims, and review and negotiation of employment and independent contractor agreements.
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 has helped clients with review and negotiation of employment and independent contractor agreements, employee misclassification and wage and hour disputes, and advice to small business owners about employment law and other business matters.
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 on the employee and employer side with all varieties of employment law issues, including independent contractor misclassification and wage and hour disputes, employment discrimination, harassment and retaliation claims, review and negotiation of employment and independent contractor agreements, and litigation in state and federal courts on employment related issues.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with independent contractor misclassification and wage and hour disputes, employment discrimination, harassment and retaliation claims, review and negotiation of employment and independent contractor agreements, and litigation in state and federal courts on employment related issues.
How We Can Help
Our seasoned team specializes in unraveling the complexities of Massachusetts Independent Contractor Law, offering guidance and legal support to individuals facing classification challenges. Whether you're seeking clarification on your status or need assistance with a misclassification issue, we're here to provide the expertise and advocacy you need to protect your rights and interests. Contact us today for personalized assistance in your journey towards fair treatment under the law. 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.
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