Category: Independent Contractor

13

Dec2017
You may be owed overtime compensation if you are a driver for a non-emergency medical transportation company in Massachusetts. Many companies in Massachusetts hire workers to drive individuals to non-emergency medical appointments and to various clinics throughout the state, but often classify these individuals as independent contractors in order to ... Read More

10

May2017
In the summer of 2014, Adam Shafran of Rudolph Friedmann and co-counsel in Boston and San Francisco filed a putative class action complaint alleging that all former and current California based distributors of Pepperidge Farm, Inc. (a/k/a Sales Development Associates) have been misclassified as independent contractors by Pepperidge Farm. The class ... Read More

19

Mar2017
Have you been misclassified as an independent contractor? On March 17, 2017, Attorney Adam J. Shafran and Rudolph Friedmann LLP filed a class action lawsuit against Smart Transportation, Inc. and related companies ("Smart") to recover damages on behalf of a class of drivers who alleged they were misclassified as independent contractors ... Read More

20

Apr2015
An inconsistency between Massachusetts’ real estate statue and Massachusetts’ independent contract statute prompted plaintiffs to bring an action against the real estate companies they worked for. Plaintiffs argued they were improperly classified as independent contractors paid on a commission only basis, despite their employer exerting the type of direction and ... Read More

09

Mar2015
A class action may be maintained if, among other things, the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. ... Read More

12

Jan2015
Massachusetts requires every employer in the commonwealth with one or more employees to have a valid worker’s compensation policy at all times. This type of no fault insurance protects employees by providing medical care and partial wage reimbursement. Employers need not have a valid worker’s compensation policy for work done ... Read More

09

Dec2014
Unfortunately, employees seeking unpaid wages based on a misclassification as an independent contractor, occasionally have to deal with unruly employers who bring counterclaims against their employees. Fortunately there are legal protections employees can utilize to discourage this type of employer’s behavior. In a recent case an employer brought counterclaims alleging interference ... Read More

29

Nov2014
Unemployment benefits are typically reserved for employees who involuntarily leave work. A specific exception is made for employees who leave work voluntarily if the employee "establishes by substantial and credible evidence that he had good cause for leaving attributable to the employer.” A recent case found that an employee who quit ... Read More

17

Nov2014
Time and time again, businesses misclassify employees as independent contractors. It is always important to scrutinize the relationship to ensure you are not missing out on monetary damages, worker’s compensation coverage, payroll tax contributions and overtime wages. In this appeal to the Massachusetts’s Appeals Court for unemployment compensation, the court affirmed ... Read More

10

Jan2014
As the issue of independent contractor misclassification becomes more and more prevalent, rampant employment misclassification has become a frequent occurrence in the delivery, distribution and logistics industry. In a recent decision in the U.S. District Court for the District of Massachusetts, the Court held that delivery drivers for a delivery and ... Read More