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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