Independent Contractors

Massachusetts Domestic Workers Bill of Rights Takes Effect April 1, 2015

The new Massachusetts domestic workers statute — captioned in the Legislature as a “Bill of Rights” for this class of employees — is set to take effect on April 1. … more


Legislators Again Propose Banning Noncompetition Agreements in Massachusetts

Despite past failures, including the defeat of bills proposed by former Governor Deval Patrick in 2014, the Massachusetts Legislature is again taking up the idea of banning noncompetition agreements in … more


U.S. Appeals Court Finds that Massachusetts’ Independent Contractor Statute Could be Precluded by Federal Law

In  a decision that could have broad implications for enforcement of Massachusetts’ tough employee classification law, the U.S. Court of Appeals has concluded that federal law just might make it … more


Task Force that Investigates Employee Misclassification is Broadened, made Permanent by Statute

Some six years after it was created by executive order, the joint task force on the underground economy and employee misclassification is being formalized by statute. As part of the … more


Governor Patrick’s Proposed Ban on Noncompetition Agreements Maintains Business Protections

Governor Deval Patrick has entered the fray surrounding the enforcement of noncompetition agreements in Massachusetts. Apparently concerned about the effects the commonly used contracts have on growth and productivity in … more


SJC to Decide Key Cost-Shifting Questions under the Massachusetts Wage Act

Expressing uncertainty whether a company’s shifting of business expenses to its employees is actionable under the Wage Act, a federal court judge is asking the Massachusetts Supreme Judicial Court (SJC) … more


Misuse of Trade Secrets by Independent Contractors Tougher to Deal With

The pitfalls of classifying workers as independent contractors should be evident to employers at this point. Those who did not previously recognize this important point should consider a recent superior … more


Court Sees Haven for Delivery Company that Uses Independent Contractors

Pointing out that “legitimate business-to-business relationships” are not barred by the Massachusetts Independent Contractor statute, a superior court judge held recently that a delivery company would not be liable for … more


Employers should Audit Wage Practices before Someone Else Does it for Them

When a company’s employee numbers start to grow, so too does its exposure to a plethora of wage and hour rules. A small business can become “enlightened” about one or … more


Can Real Estate Agents Work as Independent Contractors?

The common practice of paying real estate agents as independent contractors and denying them the benefits of employment is under legal fire. A class action lawsuit now awaiting decision at … more