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Physician Classification Under Independent Contractor Law

Independent Contractor Physician
Alex was a psychiatrist providing services to a mental health treatment center in Massachusetts.  Though she was expected to exercise her independent clinical judgment, she was closely supervised and required to follow detailed protocols and procedures by the institution.

In addition, the work she did was indistinguishable from the work that other, employed, physicians did, and her services were clearly part of the core business of the employer, which was to provide mental health care.

​This relationship was not problematic until the facility stopped paying her invoices.  Because they had classified her as an independent contractor, they understood she was not protected by the wage and hour laws, and did not see any consequences to being chronically late with her pay.

Eventually Alex had no choice but to terminate her contract with the facility, because she could not continue to go without pay for her work.  At that point they owed her over $100,000 for her services, and were continuing to stonewall her about payment.

Need Help With an Independent Contractor Classification?

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Wondering if Your Independent Contractor Status is Legal?

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Tell Us What's On Your Mind

Independent Contractor Law Solution

When Alex came to us, she was looking for a way to get the compensation she was owed, without having to incur significant legal costs.  Under her contract, there was no provision for her to collect attorneys' fees if she had to sue to get paid.

Under the wage and hour laws, however, the law requires the employer to pay legal fees if they are liable for late paid or unpaid wages.

We reviewed Alex's situation and concluded that she should have been treated as an employee under the Independent Contractor Law.  This was because (i) the services she provided were essential to the facility's core business; and (ii) she was subject to significant control and direction in the performance of her duties.

We helped her get her right to sue letter from the Attorney General, which is required to bring a Wage Act complaint.  We then filed suit on her behalf, conducted discovery, and ultimately settled the case in a way that made her whole both for her compensation and for her legal fees.

Postscript

Alex was able to move on from this unfortunate situation and cure the financial hardship that it caused for her.

If you are in a similar situation, remember that just because it may be common for people to work as independent contractors in your field, that does not mean it is legal.  Also remember that the wage and hour laws apply to all employees, even professionals like physicians and psychiatrists.

How Our Employment Lawyers Can Help

Non Compete and Unpaid Commissions MA employment lawyer
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We have years of experience helping people with employment classification issues, and we would be happy to help. 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.
Schedule a Free Information Call

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers >
      • Hiring Independent Contractors in Massachusetts
      • Termination Best Practices
      • Workplace Discrimination Employer Guide
      • Employee Handbook >
        • Employee Handbook Basics
      • Paid Family Leave and Your Small Business
      • Overtime Law for Employers
      • Employee Complaints About Pay
      • Employee Non Competes
    • Advice for Employees >
      • Employment Case Assessment
      • Discrimination in the Workplace
      • Sexual Harassment at Work >
        • Sexual Harassment Resources
        • Sexual Harassment in a Small Business
        • Constructive Discharge
        • Sexual Harassment and Non Disclosure Agreements
        • Sexual Harassment and Remote Work
        • Sexual Harassment Case Studies
      • Massachusetts Paid Family Leave
      • Non Compete Agreements >
        • Are non competes enforceable
        • Massachusetts Non Compete Act
        • Pre 2018 Massachusetts Non Competes
        • Non Compete Case Studies
        • Can I Avoid My Non Compete
      • Independent Contractor Law >
        • Independent Contractor Test
        • Working As Independent Contractor
        • Independent Contractor Case Studies
        • Independent Contractor Roadmap
      • Wage and Hour Laws >
        • Massachusetts Minimum Wage
        • Overtime Law >
          • Overtime Exemptions
          • Employee Travel Time
          • Federal or State Overtime Law
        • Overtime Law Case Studies
        • Massachusetts Wage Act >
          • Payment of Commissions
          • Wage Deductions
          • Late Payment of Wages
          • Paid Time Off
        • Wage Act Case Studies
        • What Are Your Wage and Hour Rights
      • Employment Contracts in Massachusetts >
        • Restrictive Covenants
        • Promissory Estoppel
      • Employment Termination >
        • Severance Pay
        • Should I Accept a Severance?
    • Unemployment in Massachusetts >
      • Unemployment Overpayment
      • Pandemic Unemployment
      • Unemployment Case Studies
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection >
      • Why You Need an Estate Plan >
        • Why You Don't Have an Estate Plan
      • Massachusetts Estate Tax
      • Asset Protection Trusts
      • Children with Special Needs
    • Planning for Assisted Living
    • Is Your Will Enough >
      • Special Circumstances >
        • Estate Planning for Blended Families
        • Estate Planning for a Non Citizen Spouse
        • Estate Planning and Divorce
        • Estate Planning for Small Business Owners
      • Surviving Spouse's Share
      • Disinheriting Children Massachusetts
      • Updating Your Estate Plan
    • Estate Planning Documents >
      • What is a Trust >
        • Revocable trust
        • Irrevocable trust
        • Irrevocable vs revocable trust
      • Last Will and Testament
      • Durable Power of Attorney
      • Massachusetts Health Care Proxy
      • Life Estates in Massachusetts
      • Massachusetts Pet Trust
    • Probate Process >
      • Non Probate Assets
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • 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
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog