Great news for delivery workers who should be classified as employees and not independent contractors. In a swift decision last week, the Massachusetts Superior Court enforced the Independent Contractor law and decided that it was not preempted by the Federal Aviation Administration Authorization Act (FAAA) of 1994. In Okeke v. Dynamex Operations East, Inc., the court found it “absurd” to think that delivery drivers working for a courier service were not employees.
The employer here tried to avoid state law by arguing a technicality: that a federal law, the FAAA, preempts the states independent contractor law. However, the court saw through this, recognizing that Massachusetts law protects workers against their employers and, in many cases, allows the workers to be reclassified as employees, entitled to all the protections the state has to offer.
If you are classified as an independent contractor but perform a crucial and necessary service for your company, you perhaps should be classified as an employee. If you believe you are wrongly classified, call us today.