Employee/Independent Contractor Misclassifications

"I'm a graphic designer, doing design work on a regular basis for a local company. When I come in to 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?" - sample issue

Massachusetts recently passed a new Independent Contractor Law, which describes which workers must be treated as "employees," and which workers may be treated as "independent contractors."

The distinction is an important one, because employee status comes with many important rights and obligations, including payment of wages and overtime pay, personnel file management, workers compensation insurance, unemployment insurance 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.

Whether you are classified as an employee or an independent contractor is a question of the law. Massachusetts law presumes workers are employees. 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 experts at Gordon Law to discuss your specific case.