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How the IRS Independent Contractor Test is Different From Massachusetts Law

Sometimes we hear from business owners that their accountant has told them their workers can be paid as independent contractors, even though it does not appear that they meet the Massachusetts three part test.

This does not mean your accountant is wrong or incompetent- it is just that the standard for tax purposes is different from Massachusetts law that governs the employment relationship.  You may meet federal tax requirements under the more fluid, multi-factor test used by the IRS, but still have potential liability for misclassification under Massachusetts employment law.

For a violation of the Massachusetts Independent Contractor Law, a misclassified contractor can bring a private lawsuit, often for substantial damages.  If you cannot meet the three part test, they will recover even if your classification is 100% compliant with federal tax law.



Learn more here about the Massachusetts Independent Contractor Law.

Need Help With Independent Contractor Classification?

Contact Us
Can someone be considered an employee even if they have their own LLC?

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  • Home
  • About
    • Slnlaw Offices
    • Fees and Payment
    • Privacy Policy
    • Publications and Interviews
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Reviews
  • Contact
  • Blog
  • Employment Law Solutions
    • Employment Law MA
    • Discrimination in the Workplace
    • Employment Termination
    • 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
    • Equal Pay Act
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • 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
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Massachusettts Unemployment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs