Independent Contractors in Massachusetts: Example Cases
Examples of Independent Contractor Misclassification in Specific JobsOne of the critical pieces of the independent contractor test is the requirement that the services you provide be something different than your employer's regular business. This means it is instructive to see how the test applies in different kinds of jobs. Below are a few examples, by job and role type, of misclassification cases we have handled.
Independent Contractors Providing Delivery ServicesWe 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. Independent Contractors Providing Handyman ServicesWe 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. Independent Contractors Providing Cleaning ServicesWe 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. |
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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.
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 a 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 issues relating to wage and hour laws, including overtime pay, late or unpaid wages or commissions, employee misclassification, and retaliation against employees asserting rights under the wage and hour laws.
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 wage and hour disputes, including employee misclassification, late or unpaid wages or commissions, retaliation under the Wage Act, and advice to both employees and employers about wage and hour law compliance.
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 assess their rights under the wage and hour laws, including employee misclassification, untimely payment of final wages, late or unpaid commissions, retaliation, and advice to small business owners about wage and hour law compliance.
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 with wage and hour claims, including late or unpaid commissions, retaliation, employee misclassification, and overtime, and litigated these claims in state and federal courts. He also advises employers about employment policies and wage and hour compliance.
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 multiple wage and hour issues, including retaliation, misclassification, and late or unpaid wages or commissions, and litigated these claims in state and federal courts.
How We Can Help
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.
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