Articles Posted in independent contractor

As an independent contractor, you work hard to provide services, meet deadlines, and fulfill agreements with your clients. Unlike traditional employees, independent contractors are not covered by many wage and hour protections under federal and state law. However, that does not mean you have no rights. If a client or company refuses to pay you…

A significant policy shift occurred this morning as the U.S. Department of Labor (DOL) officially withdrew its prior interpretative guidance on independent contractor classification and joint employment standards. Business and industry organizations expect this decision to reduce the number of workers covered under wage protections guaranteed by the federal Fair Labor Standards Act (FLSA). The…

Leaked Documents Make Clear: Call Them Anything but “Employee” Recent revelations from leaked internal records have provided rare visibility into corporate strategies designed to avoid employee classification. These documents underline a growing national legal battle over employee misclassification, contractor-only labeling, and how far companies will go to justify independent contractor status even when workplace control…

Uber is more popular than ever in large American cities, but a serious question exists: are Uber drivers employees or independent contractors? One California judge with several Uber cases on his docket may be on the verge of answering that question. Two of the cases currently before the judge include: In June of 2015, the New…

Disputes between Boston area taxicab drivers and medallion owners came to a head as the Massachusetts Supreme Judicial Court issued a ruling in Sebago v. Boston Cab Dispatch. At the heart of the debate is the classification of these drivers as independent contractors, instead of employees. The Massachusetts Independent Contractor Statute Under the Massachusetts Independent Contractor…

Live and work as a driver in New York? Independent contractors working in New York recently received the benefits of Massachusetts law. A Massachusetts Court just ruled that people who live and work in New York, but are employed by a Massachusetts company with a Massachusetts contract, can bring an action against their employer based…

Some companies classify workers as independent contractors even when the job looks like standard employee work. When firms do this, workers lose wages and benefits that belong to real employees. Now, the rules are clearer and far more protective. Importantly, courts confirm that a worker who should have earned overtime deserves full overtime pay after…

In 2008, the Massachusetts Attorney General’s Office released guidance on the 2004 update to Massachusetts Independent Contractor Law. The law presumes a worker is an employee. So, it makes employers carry the burden of proof. The advisory explains when a company can treat a worker as a contractor instead. The 3-Part Test Employers Must Prove…