Who is Liable if I am Wrongly Classified as an Independent Contractor?
If you are wrongly classified as an independent contractor, the person or business who employs you will be liable for any compensation or other benefits you did not get because of your classification. This can include reimbursement for the additional self-employment taxes you had to pay, and the value of other benefits that employees receive at that business.
The other thing it is important to know is if the way you were paid as a contractor did not meet the wage and hour requirements- for example, if you were paid infrequently, or substantially after you provided the services- you may have a separate claim under the Massachusetts Wage Act. Similarly, if you worked more than 40 hours a week, you may have claims under the overtime laws as well.
Learn more here about the Massachusetts Independent Contractor Law.
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