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Can Someone be Considered an Employee Even if They Have Their Own LLC?

Often people will form their own LLC for their contracting work.  Sometimes the customer/employer requires it as a condition of the contract.

Though it certainly looks and feels more like an independent contractor relationship if the person providing services, it does not necessarily make the arrangement legal.  The Massachusetts Independent Contractor Law has three very specific requirements that must all be met to be considered a contractor rather than an employee.  This statute does not mention anything about incorporation as an exception to the three-part test.

What this means is that you should consult an employment lawyer if you are unsure about the classification of your LLC as a contractor, or are using the services of an LLC as a contractor in your business.


Learn more here about the Massachusetts Independent Contractor Law.

Need Help With Independent Contractor Classification?

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

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  • Home
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Employment Law Solutions
    • Employment Law MA
    • 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
  • 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
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Stowell Simonton
    • Elijah Bresley
  • Reviews
  • Blog
  • Contact