What is the Three Part Test for Independent Contractors Under Massachusetts Law?

The Massachusetts Independent Contractor Law has a three part test for determining whether someone is lawfully classified as an independent contractor.

Here are the three requirements:

• You are free from control and direction in your work.
• You offer the same services to others.
• The work you do is not part of your employer's core business.

It is important to know that (i) all three of these tests must be met for someone to be considered an independent contractor; and (ii) it is the employer's burden to prove all three of these elements if a classification is challenged.

That means you could be both free from control and direction and offering services to others, but if the services you provide are part of the employer's core business, you should be classified as an employee.

Learn more here about the Massachusetts Independent Contractor Law.

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