Massachusetts Independent Contractor Misclassification

Employment Lawyer Representing Misclassified Independent Contractors in Misclassification Claims Across Massachusetts From Offices In Lowell, Worcester, Springfield, Pittsfield, Cape Cod, and Fall River

According to Massachusetts law, it’s incredibly difficult for an employer to properly classify someone who performs services on its behalf as an independent contractor. In fact, in Massachusetts, the strong presumption is that if you are performing services for an entity, you are probably an employee, not an independent contractor.

Employers prefer to classify individuals as independent contractors because it allows them to avoid burdensome employment laws, like those requiring payment of minimum wage and overtime, and those prohibiting unlawful harassment, discrimination, or retaliation. The laws that provide these protections only apply to employees. They do not apply to independent contractors.

Over the last 14 years, Steffans Legal has represented Massachusetts employees in claims involving misclassified independent contractors. The most commonly asked questions regarding this issue are answered below. Contact us today for a free consultation to learn more about who is and is not an independent contractor under Massachusetts law and what you can do if you think you are a misclassified independent contractor.

Frequently Asked Questions Regarding Independent Contractor Misclassification

Am I really an independent contractor under Massachusetts law?

Probably not. In Massachusetts, it’s very difficult for an employer to properly classify an individual as an independent contractor. In fact, a specific law exists that is designed to force employers to treat most individuals as employees, even if they are labeled as independent contractors.

I am classified as an independent contractor, does that mean I am one?

No. If it were that easy, employers would call all individuals independent contractors. In practice, courts look closely at an individual’s job responsibilities and their day-to-day work experience, not labels, to determine if someone is actually an independent contractor or an employee.

If I am treated like an independent contractor, but am determined to be an employee, what does that mean?

A lot of things. First and foremost, it means that you are entitled to retroactive protection of a number of laws that only apply to employees, including the Massachusetts Wage Act, the Fair Labor Standards Act, Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. It also means that you are retroactively entitled to whatever benefits your employer did not provide you because you were misclassified as an independent contractor, including unemployment benefits, mileage reimbursement, paid vacations, sick leave, and participation in 401Ks and pension programs.

I think I am a misclassified independent contractor, what next?

You should contact an employment lawyer to determine if your classification as an independent contractor complies with state and federal law. At Steffans Legal we provide initial consultations at no charge, no matter how long they last. Schedule one today by clicking the "Contact Us" button on this page (the gold one over to your right).

Recent Employment Law Updates

Massachusetts Court Narrows Employees’ Ability to Invalidate Class Action Waivers

Are class action waivers signed by Postmates drivers enforceable? A recent Massachusetts Superior Court ruling says yes.

Independent Contractors and the Gig Economy: Massachusetts Court Finds Employment Status

In Hogan et al. v. The InStore Group, LLC, a Massachusetts court granted summary judgment in favor of a Plaintiff and a class of retail vendor associates claiming that they were misclassified as an independent contractors.

Massachusetts Federal Court Invalidates Class Action Waiver, Allowing Individuals to Bring Class Action in Employment Context

On July 17, 2020, the First Circuit Court of Appeals was asked to decide whether class action waivers are enforceable outside the FAA context?

Recent Massachusetts Appeals Court Ruling Provides Guidance on Classification as an Independent Contractor vs. an Employee

In Weiss v. Loomis, Sayles & Company, Inc., the Massachusetts court of appeals reversed a trial court’s decision ruling that the plaintiff was misclassified as an independent contractor. In doing so, the appeals court provided helpful guidance on how to apply the Massachusetts independent contractor three part “ABC test”.

Massachusetts Court Rules Again On Classifying Independent Contractors and Whether Certain Deductions and Employment Expenses Can Be Considered Wages

On May 1, 2019, a Massachusetts federal court, in the case of DaSilva et al. v. Border Transfer of MA, Inc., made it even more risky and difficult for employers using independent contractors.

Salesperson as Independent Contractor? No Says Massachusetts Federal Court

A recent Massachusetts court, in the case of Valle v. Powertech Industrial, injected some helpful guidance as to when salespeople are employees and when they are independent contractors.

Practice Areas

Misclassified Independent Contractors