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Are There Exceptions to the Massachusetts Independent Contractor Law?

There 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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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • 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
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • 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