What is My Status if the Three Part Test is Not Met Under the Independent Contractor Law?
If you are the person providing services and any part of the three part test is not met, then under the law you will be considered an employee. The good news for you is that the risk and liability for this falls not on you, but on the employer.
As an employee, unlike a proper independent contractor, you are entitled to the protections of the law for employees, including protections against discrimination and wage and hour laws.
If you think you have been misclassified, you can ask your employer if they will re-classify you as an employee. If you do this and are retaliated against for it, that too is unlawful under state law. You also have the right to bring a legal claim, if you so choose, to recover any benefits or compensation you would have had as an employee. It is a good idea to consult with an employment lawyer first to better understand your rights and your options.
Learn more here about the Massachusetts Independent Contractor Law.
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