Hiring Independent Contractors- What You Need to Know
Important Information for People Hiring Independent ContractorsIf you have decided that the position you want to fill meets the requirements of the Massachusetts Independent Contractor Law, there are a few things you should know before moving forward.
Written Contract: In an employment situation, it is not always necessary to have a written contract. When you hire an independent contractor, however, you should absolutely have one. You will want to spell out in writing the duties (hopefully in a way that tracks the legal requirements for a contractor), as well as terms of payment, duration of the agreement, and whether and how it can be terminated by either party. Work for Hire: If you have an employee who creates intellectual property for you, that is considered "work for hire" under the law, and the intellectual property belongs to the employer. In the case of an independent contractor, in order to retain that benefit, you have to have a written agreement that specifies that intellectual property they are paid to create belongs to you. Hedging your bets: If you are at all unsure about whether the classification will meet the legal test, but wish to proceed anyway, you can protect yourself from some of the most expensive risks by: (i) making sure timing of payments meets the requirements of the Wage Act; (ii) specifying that the contractor is not to put in more than 40 hours in a week without your prior written approval (to avoid overtime claims); and (iii) carrying workers compensation insurance that covers the contractor in case of a work-related injury. Learn more here about the Massachusetts Independent Contractor Law. |
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Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, been interviewed by the Massachusetts Superlawyers magazine about non compete agreements, and written an op-ed in the New York Times about the dangers of non competes. Along with the rest of the slnlaw team, she has helped hundreds of clients navigate, negotiate, or defend against their non compete agreements.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped many clients understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna works with employers to develop reasonable and enforceable employee agreements, including non competes. She has also helped employees understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients both evaluate and negotiate their non compete agreements, and defended non compete claims in state and federal courts.
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