Delivery Company Drivers Are Employees

Gordon Law Group

Drivers challenged contractor labels and won stronger rights. The decision came from the Supreme Judicial Court in Martins v. 3PD, Inc. The court explained that drivers completed core delivery work, which falls inside the company’s normal business role. As a result, companies cannot label this work as an outside service. Later, the court confirmed that worker control signals, like discipline, branding rules, and performance reviews, prove employment status. Instead of short-term delivery support, this work counted as long-term, essential business activity.

Contractor vs Employee Rules

The Massachusetts uses a strict test to define contractors. A real contractor must provide services outside the company’s main business. However, the court found that 3PD depended fully on drivers. The company reviewed performance and applied discipline when needed. Also, it ordered branded trucks with its logo. For example, drywall workers for drywall firms are employees. In contrast, furniture movers for accounting offices are contractors. Therefore, the difference is clear: core business tasks count as employee work.

Operating Costs Must Stay on the Employer

The Massachusetts General Laws Chapter 149 Section 148B says employees cannot carry business costs. Employers must pay for fuel, tools, repairs, insurance, paint, and equipment. Many drivers reported they paid these costs themselves. Because of this, workers may now reclaim those expenses. In addition, the law may issue triple damages when companies shift core business costs into contractor deals. This creates financial risk for firms mislabeling drivers. Still, businesses can fix this by auditing pay policies early. Boards can also update HR training to avoid repeat disputes.

What Drivers Should Check

Workers can review their job quickly with short questions. First, ask if you drive for only one delivery firm. Then, check if the company reviews performance. Next, confirm if you follow daily or truck logo rules. Finally, ask if you pay fuel or repairs yourself. If most answers are yes, the role likely qualifies for employee status. Moreover, drivers can request a pay audit when needed. After that, workers may take legal steps if firms delay compliance. Families also receive better job safety when companies classify drivers fairly.

Why It Matters

Fair classification protects weekly income and long-term benefits. It helps reduce stress and supports caregiving time for families. At the same time, the ruling sets a strong benchmark for delivery firms nationwide. It also shows that long-term pay alignment builds worker trust. Clear duty labels improve HR decisions and lower illness spread at work. In short, the decision supports safer communities and fair job standards, especially when companies rely on drivers for essential delivery access.

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