Independent Contractors

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

Court Dismisses Aiding and Abetting Suit under Independent Contractor Statute

A superior court judge has decided that a third party cannot be sued for “aiding and abetting” a violation of the Massachusetts Independent Contractor statute. Despite decisions by other courts allowing such … more

Class Action Waivers Okayed for Employment Disputes

Following a mandate from the U.S. Supreme Court, the Massachusetts Supreme Judicial Court (SJC) has held that a contractual waiver of class action claims in an employment dispute must be enforced. The plaintiffs in the … more

State’s Highest Court Holds Independent Contractor Statute Can Apply to Workers Outside Massachusetts

In a decision that might be said to foist an employer upon its own petard, Massachusetts’ Supreme Judicial Court ruled today that the state’s rigid independent contractor statute can be applied … more

When Can Employers Use Independent Contractors to Perform Work in Massachusetts?

The conservative answer to this question is “never.” Under Massachusetts law, the use of independent contractors is severely restricted. In a classic example of what many consider legislative overkill, the law assumes all workers are … more

Massachusetts Enacts New Law to Protect Temporary Workers

Massachusetts’ latest employee rights law was signed by Governor Deval Patrick on August 6, 2012. The law, which was promoted by the Massachusetts Bar Association’s Workplace Safety Task Force, imposes … more

Lawmakers Consider Imposing New Sick Leave Requirements on Massachusetts Employers

Via a bill that is supported by Governor Deval Patrick and was recently reported favorably by a legislative committee, Massachusetts lawmakers are deciding whether to require employers to offer sick leave … more

Legislature Holds Hearing on Bills that would Rewrite Independent Contractor Law

A committee of the Massachusetts state legislature held a hearing on November 3, 2011 to take input on 4 pending bills that aim to revise the state’s independent contractor statute. The law … more

Enforcing Noncompetion Agreements against Independent Contractors may be Problematic for Employers

As if employers don’t have enough to worry about when they try to enforce noncompetition agrreements against their former employers, some are discovering that things get even trickier when they … more