Independent Contractor FAQs

There are many areas of confusion when it comes to the Massachusetts Independent Contractor Law, especially as it relates to other laws such as wage and hour laws and the non-compete law. Below are some frequently asked questions, and links to the answers, about the Massachusetts Independent Contractor Law.

Massachusetts Independent Contractor Law

What is an independent contractor?
What is the three-part test?
What does "free from control and direction" mean?
What is the "core business of the employer"?
What does it mean to be in the business of providing services to others?
What is my status if I don't meet the three-part test?
Can someone be considered an employee even if they have their own LLC?
What if an employee agrees in writing that they are an independent contractor?
Are there exceptions to the Massachusetts Independent Contractor Law?

Working as an Independent Contractor

Working as an independent contractor- what do I need to know?
What compensation am I missing if misclassified as an independent contractor?
Who is liable if I am wrongly classified as an independent contractor?
Can an independent contractor be held to a non-compete agreement?

Independent Contractors and Labor Laws

What happens if an independent contractor is not paid on time?
Can an independent contractor bring a discrimination claim?
Can an independent contractor collect unemployment?
Are independent contractors eligible for Massachusetts Paid Family Medical Leave?

Hiring Independent Contractors

Hiring an independent contractor- what do I need to know?
Can a temporary or part time worker be an independent contractor?
Can you classify someone as an independent contractor during a probationary period?
If you reclassify contractors as employees, do you have to pay benefits and offer vacation?
Why does my accountant think my independent contractor classifications are legal?
What are the rules about paying independent contractors?

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How We Can Help

We can help you navigate these issues and get clarity on your rights and obligations under the Independent Contractor 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.