Work & The Law

Misclassification of Independent Contractors: Understanding Your Rights as a Massachusetts Worker

Misclassification of Independent Contractors: Understanding Your Rights as a Massachusetts Worker  Many workers in Massachusetts are classified as independent contractors, which means that they are not considered employees and are not entitled to certain employment protections and benefits. However, some workers may be misclassified as independent contractors when they should actually be classified as employees. If you believe that you

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Delivery Drivers Misclassified as Independent Contractors

The U.S. District Court for the District of Massachusetts has ruled that RXO delivery drivers were misclassified as independent contractors under the Massachusetts Independent Contractor Statute, G.L. c. 149, § 148B, entitling them to recover unlawful deductions taken from their pay. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiffs Justin Muniz, Mohammed Belaabd, Jose

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Non-Emergency Medical Transportation Independent Contractor Misclassification Case To Proceed

The Massachusetts Appeals Court has reversed the dismissal of an independent contractor misclassification/unpaid overtime case brought against the Montachusetts Regional Transit Authority (MART), noting the different standard used determining whether an individual is an employee for purposes of discrimination claims versus unpaid wage claims in Massachusetts. Massachusetts Appeals Court SUMMARY: (court decision – opens in PDF) “In July 2021, the

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Overtime Wages – Medical Transportation

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 avoid paying overtime. In all likelihood, this is illegal. If

Read More »

Misclassified as Independent Contractors : Class Certification Granted

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 action complaint seeks to recover damages on behalf of

Read More »

Independent Contractor Misclassification: Lawsuit Filed Against Transportation Company

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 by Smart. Smart is a non-emergency medical transportation company

Read More »

Real Estate Agents and Independent Contractors – Monell v. Boston Pads LLC

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 control over their activities more commonly associated with an employer-employee

Read More »

Independent Contractors – Class Actions

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. As a preliminary matter, it is not completely implausible for

Read More »

Workers Compensation Insurance for Independent Contractors and their Employers

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 by an independent contractor as they fall outside the definition

Read More »

Misclassification of Independent Contractors: Understanding Your Rights as a Massachusetts Worker

Misclassification of Independent Contractors: Understanding Your Rights as a Massachusetts Worker  Many workers in Massachusetts are classified as independent contractors, which means that they are not considered employees and are not entitled to certain employment protections and benefits. However, some workers may be misclassified as independent contractors when they should actually be classified as employees. If you believe that you

Read More »

Delivery Drivers Misclassified as Independent Contractors

The U.S. District Court for the District of Massachusetts has ruled that RXO delivery drivers were misclassified as independent contractors under the Massachusetts Independent Contractor Statute, G.L. c. 149, § 148B, entitling them to recover unlawful deductions taken from their pay. United States District Court of Massachusetts SUMMARY: (court decision – opens in PDF) “Plaintiffs Justin Muniz, Mohammed Belaabd, Jose

Read More »

Non-Emergency Medical Transportation Independent Contractor Misclassification Case To Proceed

The Massachusetts Appeals Court has reversed the dismissal of an independent contractor misclassification/unpaid overtime case brought against the Montachusetts Regional Transit Authority (MART), noting the different standard used determining whether an individual is an employee for purposes of discrimination claims versus unpaid wage claims in Massachusetts. Massachusetts Appeals Court SUMMARY: (court decision – opens in PDF) “In July 2021, the

Read More »

Overtime Wages – Medical Transportation

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 avoid paying overtime. In all likelihood, this is illegal. If

Read More »

Misclassified as Independent Contractors : Class Certification Granted

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 action complaint seeks to recover damages on behalf of

Read More »

Independent Contractor Misclassification: Lawsuit Filed Against Transportation Company

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 by Smart. Smart is a non-emergency medical transportation company

Read More »

Real Estate Agents and Independent Contractors – Monell v. Boston Pads LLC

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 control over their activities more commonly associated with an employer-employee

Read More »

Independent Contractors – Class Actions

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. As a preliminary matter, it is not completely implausible for

Read More »

Workers Compensation Insurance for Independent Contractors and their Employers

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 by an independent contractor as they fall outside the definition

Read More »

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