“I’m a truck driver, driving a truck on a regular basis for a local company. When I work, I’m treated just like the ‘regular’ employees, and I do the same work they do. The only difference is that I don’t get overtime or worker’s comp. Is that fair?”
Massachusetts recently passed a new Independent Contractor Law. The law separates workers who must be treated as “employees,” and workers who may be treated as “independent contractors.”
The distinction is important because employee status comes with many more important rights and obligations, including payment of wages and overtime pay, personnel file management, workers compensation insurance, unemployment insurance, pensions, health care and income tax withholding. Employee status also comes with the right to sue under the Wage Statute which provides for attorney’s fees and treble damages. If you are misclassified as an independent contractor you are entitled to many benefits that you may be missing out on.
Whether you are classified as an employee or an independent contractor is a question of the law. Massachusetts law presumes workers are employees and there is a three-pronged test that determines your independent contractor status. Basically, if your employer controls and directs the services you perform, you are an employee. You can be an employee even if your employer gives you a 1099 form instead of a W-2 form.
If you think you have been misclassified as an independent contractor, contact us today. Our experienced attorneys can assist you with your case.
This information is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. While some may find this useful for understanding the basic issues and their legal context, it is NOT a substitute for experienced legal counsel and does not provide legal advice. Please contact the team at Gordon Law Group to discuss your specific case.