Independent Contractors in Massachusetts: Example Cases
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We have worked with clients in many different industries who have been misclassified as 1099 employees in their work. The truth is that it is very common for employers to get this wrong. We hear all the time from people who can't believe the practice is unlawful because so many other people do it.
Remember that the test is strict in Massachusetts. In order to properly be considered an independent contractor, all three of the following must be true:
If any of these are not true, you most likely should be paid as an employee. Here are some examples of how the three part test under the Massachusetts Independent Contractor Statute has played out. |
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Independent Contractors Providing Delivery Services
We have represented a driver delivering bakery products and a driver delivering furniture. Both were classified as independent contractors.
In the case of the furniture delivery company, the driver was subject to significant supervision and control. He also worked exclusively for his employer and did not provide services to anyone else. Finally, the service he performed was a core function of the company.
Any one of these reasons was sufficient to put his independent contractor status in peril. We were able to reach a favorable settlement with the employer on his behalf.
The driver for the bakery product company was not subject to the same level of control and direction. However, he too did not provide services to others. His work also was core to the primary course of business of the employer. We challenged his independent contractor status and obtained a settlement for him.
In the case of the furniture delivery company, the driver was subject to significant supervision and control. He also worked exclusively for his employer and did not provide services to anyone else. Finally, the service he performed was a core function of the company.
Any one of these reasons was sufficient to put his independent contractor status in peril. We were able to reach a favorable settlement with the employer on his behalf.
The driver for the bakery product company was not subject to the same level of control and direction. However, he too did not provide services to others. His work also was core to the primary course of business of the employer. We challenged his independent contractor status and obtained a settlement for him.
Independent Contractors Providing Handyman Services
We represented an individual who worked for a company that provided handyman services to commercial properties. He worked exclusively for the company. He also had to take direction from them in terms of scheduling and carrying out tasks. Finally, the work he did served a core function of the business.
The fact that he was not properly classified helped get him compensation at the end of his employment. it also enabled him to negotiate a release from a non-compete agreement when he decided to start his own business.
The fact that he was not properly classified helped get him compensation at the end of his employment. it also enabled him to negotiate a release from a non-compete agreement when he decided to start his own business.
Independent Contractors Providing Cleaning Services
We have represented both employees and employers in the cleaning business, where workers are frequently classified as independent contractors.
One employee worked for a company that did both construction and cleaning for its commercial customers. Her cleaning job was within at least one of the core functions of the business. Based on just that one prong of the thee part test, we were able to reach a settlement with her employer.
We have also worked with cleaning company owners with questions about employee status. In some cases we assess whether the independent contractor status is lawful. We have also represented these employers facing a lawsuit from their workers.
One employee worked for a company that did both construction and cleaning for its commercial customers. Her cleaning job was within at least one of the core functions of the business. Based on just that one prong of the thee part test, we were able to reach a settlement with her employer.
We have also worked with cleaning company owners with questions about employee status. In some cases we assess whether the independent contractor status is lawful. We have also represented these employers facing a lawsuit from their workers.
Independent Contractors in Telecom
We represented an employee of a company that built and maintained telecom towers. He did his work independently, meeting one prong of the three part test. But he was not engaged in an independently established business outside of his work for the employer. The service he performed was also core to the business of the company.
Because the employer did not meet all three prongs of the three part test, we were able to get him compensation for his damages. In addition, we negotiated a release from his non compete agreement.
Because the employer did not meet all three prongs of the three part test, we were able to get him compensation for his damages. In addition, we negotiated a release from his non compete agreement.
Independent Contractors in Education
Our client provided web design services for a private school. There was some question about whether his services were ancillary to the core business of his employer. The school relied heavily on the website to communicate with parents.
However, he was subject to supervision and control and he did not perform the same services for others. We challenged his independent contractor status and were able to obtain compensation for him.
However, he was subject to supervision and control and he did not perform the same services for others. We challenged his independent contractor status and were able to obtain compensation for him.
Lawyers as Independent Contractors
We represented an attorney who was paid by her law firm as an independent contractor. There was some question about how much supervision and control the firm exercised. But she did not provide services to others and her services were within the core business of the firm. For those reasons we were able to challenge her independent contractor status and reach a settlement.
We represented another attorney who was denied unemployment because her law firm treated junior partners as independent contractors. We were able to resolve that matter favorably as well.
We represented another attorney who was denied unemployment because her law firm treated junior partners as independent contractors. We were able to resolve that matter favorably as well.
Independent Contractors in Set Construction
We represented several individuals who provided set construction services to an entertainment company. Their services included designing and building sets for use in the company's offerings.
Because the company treated these employees as independent contractors, they were not able to collect from unemployment insurance during the off season. We were able to reach a settlement that compensated them for that and other losses caused by their classification.
Because the company treated these employees as independent contractors, they were not able to collect from unemployment insurance during the off season. We were able to reach a settlement that compensated them for that and other losses caused by their classification.
How Our Employment Lawyers Can Help
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We have also worked with clients misclassified as independent contractors by trucking companies, painting companies, staffing and speaker recruitment companies, home health or other service providers, and many more.
We can help you assess whether the law requires you to pay your workers as employees. If you are an independent contractor, we can help you determine whether that is lawful. We can also help you identify what damages you are entitled to.
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.
We can help you assess whether the law requires you to pay your workers as employees. If you are an independent contractor, we can help you determine whether that is lawful. We can also help you identify what damages you are entitled to.
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.
