The Massachusetts Independent Contractor Law makes it very difficult for companies to legally hire individuals as contractors and not employees. There is a three-part test that most companies can’t meet.
The Three-Part Independent Contractor Test
The company must show:
1. The individual is free from direction and control;
2. The service is performed outside the usual course of the company’s business; and
3. The individual is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed.
Even if you signed a contract agreeing to be a contractor, you may still have rights. Companies can’t rely upon these kinds of contracts to avoid violating the law. If the worker should be an employee, it doesn’t matter that the company believes that the worker should be a contractor. It also doesn’t matter that the company has issued a 1099, rather than a W-2. This isn’t relevant, therefore, in deciding whether the company violated the law.
Triple Damages and Attorney’s Fees Under the Independent Contractor Law
Workers who can show that they should have been employees can bring a claim. Under the Massachusetts Independent Contractor Law, they can request that the court award “damages.” These damages can include the money and benefits the worker should have had as an employee. This can add up. This is particularly true because judges are required to triple the amount owed if the employee wins at trial and award attorney’s fees. If you are an independent contractor, it is possible that you may have a claim.
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For more information about your rights under the Massachusetts Independent Contractor Law, please contact attorney Maura Greene, call us 617-936-1580, or email us at [email protected]. Law Office of Maura Greene, LLC, Six Beacon St., Suite 205 Boston, MA 02108
Attorney Maura Greene brings exceptional credentials and recognition to employment law. She holds the prestigious AV rating from Martindale-Hubbell—the highest distinction available to individual attorneys, reflecting superior legal ability and ethical standards. Since 2013, she has earned consistent selection to the Super Lawyers list, recognizing her as among the top employment attorneys in Massachusetts.