Articles Posted in independent contractor

This morning, the Department of Labor withdrew its guidance on independent contractors and joint employment, a move business groups expect will result in fewer individuals covered by the Fair Labor Standards Act. The guidance was issued under the Obama administration and set forth an economic realities test intended to resolve significant differences in opinions issued…

Great insight into how far companies will go for independent contractor justification: (View Article)

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…

Workers who are misclassified by their employers as independent contractors can finally recover they full value of the wages and benefits they should have received as an employee, but did not. It has long been the case that an independent contractor who should have received overtime, if she was properly classified as an employee, is…

Recently the Office of the Attorney General issued an advisory on the Massachusetts Independent Contractor Law, M.G.L. c. 149 § 148B, which was significantly amended in 2004. In order to overcome the presumption that an individual is an employee, the law, as amended, places the burden on the employer to prove that this individual: (1)…