What if an Employee Agrees in Writing That They Are an Independent Contractor?
Written Agreements Do Not Change the independent Contractor Rules
We often hear employers say that the people working for them agreed to be independent contractors. Sometimes the contractors have even been the ones insisting on an independent contractor relationship, instead of an employment relationship.
The truth is this doesn't make a difference under the Independent Contractor Law. First, there is no provision in that statute that allows parties to agree to a different standard. Second, the Massachusetts Wage Act, which is the broad statute that includes the Independent Contractor rules, specifically prohibits people from avoiding its requirements by "special contract."
This means you will still need to compare your situation to the three-part test under the Massachusetts Independent Contractor Law, whether you have a written agreement or not. An employment lawyer can help you with that analysis, and potentially avoid future legal risk if you are the employer.
Learn more here about the Massachusetts Independent Contractor Law.
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