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 have been misclassified as an independent contractor, it is important to understand your rights and options under Massachusetts law.

What is Misclassification of Independent Contractors?

Misclassification of independent contractors occurs when an employer classifies a worker as an independent contractor when they should actually be classified as an employee. This can happen for various reasons, such as to avoid paying employment taxes, benefits, and protections required for employees.

Factors Used to Determine Misclassification:

To determine if a worker has been misclassified as an independent contractor, Massachusetts courts and agencies consider several factors, including:

1. whether the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact; and

2. whether the service is performed outside the usual course of the business of the employer; and,

3. whether the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.

Consequences of Misclassification:

If a worker has been misclassified as an independent contractor, they may be entitled to various benefits and protections afforded to employees, including:

1. Minimum Wage: Employees are entitled to be paid at least the state minimum wage for all hours worked.
2. Overtime Pay: Employees are entitled to overtime pay at one and a half times their regular rate of pay for all hours worked over 40 in a workweek.
3. Workers’ Compensation: Employees are entitled to workers’ compensation benefits in the event that they are injured on the job.
4. Unemployment Benefits: Employees may be eligible for unemployment benefits if they are terminated from their job.
5. Anti-Discrimination Protections: Employees are protected against discrimination based on race, gender, age, disability, or other protected characteristics.

Employer and Employee Representation:

If you believe that you have been misclassified as an independent contractor, you may be able to file a complaint with the Massachusetts Attorney General’s Office or seek legal representation to pursue your rights and remedies. It is important to seek guidance from an experienced employment attorney. Contact us today to schedule a consultation and learn more about your rights and options under Massachusetts and federal law. Similarly, if you are an employer who wants to ensure that you are properly classifying your workers, it is important to consult with an experienced employment attorney to ensure compliance with applicable laws and regulations.