Independent Contractor Misclassification Attorney – Boston

Many people do not realize that if they have been wrongfully classified as an independent contractor in the Boston area, they may be entitled to significant damages. This is under Massachusetts’ strict worker classification laws.

At Gordon Law Group, we fight for people’s rights so that they can seek damages and receive the compensation they deserve.

What Misclassification Means in Massachusetts

In Massachusetts, independent contractor misclassification occurs when a business labels a worker as an independent contractor (often issuing a Form 1099) when, under state law, that worker is legally an employee.

Companies frequently misclassify workers to save money on their own bottom line. By labeling you a contractor, an employer avoids paying for the following:

• Workers’ compensation 
• Unemployment insurance 
• Family leave contributions 
• Employer’s share of FICA taxes

However, worker status is not a choice, nor is it a matter of mutual agreement. Even if you signed a contract explicitly stating you are an independent contractor, received a 1099, or preferred the arrangement at the time, the contract label does not dictate the law. 

Massachusetts looks past the paperwork to look at what you’re doing every day to determine what type of worker you are.

Tests Used to Determine Proper Classification

Massachusetts has one of the strictest anti-misclassification statutes in the country. Under Massachusetts General Laws Chapter 149, Section 148B, all workers are legally presumed to be employees. To overcome this presumption, a business must prove that a worker meets all of the following criteria:

• Control and Direction: The worker must not be under the hiring entity’s control and direction in performing the service, both under a written contract and in actual practice. 

• Outside the Usual Course of Business: The service provided must be outside the usual course of the employer’s main business. For example, if an electrician is hiring another electrician, the worker is generally classified as an employee. 
• An Independent Trade or Business: The worker must be customarily engaged in an independently established trade, occupation, profession, or business of the same nature as the service being performed. This means you must operate an independent business entity that exists separately from the client, complete with your own marketing, business registration, and distinct clientele.

If a business fails to prove even one of these criteria, the worker is legally considered an employee.

Rights and Remedies for Misclassified Workers

When an employer misclassifies you, they deny you core workplace protections. Under the Massachusetts Wage Act, misclassified employees are entitled to compensation.

If you have been misclassified in Massachusetts, your rights include:

• Mandatory Treble Damages: Violations of the Massachusetts Wage Act carry a mandatory penalty of triple damages. This means that if a court finds you are owed $10,000 in unpaid wages or overtime, the court is legally required to award you $30,000.
• Back Pay and Overtime: You have the right to recover unpaid overtime (time-and-a-half for hours worked over 40 in a workweek) and any withheld minimum wages.
• Unreimbursed Business Expenses: Employees should not bear the operational costs of a business. You can seek compensation for out-of-pocket expenses you paid while misclassified, including vehicle mileage, travel costs, specialized equipment, and job-related tools.
• Earned Benefits: You may seek the financial value of benefits denied to you. This includes accrued sick time under the MA Earned Sick Time law and missing contributions toward Paid Family and Medical Leave (PFML).
• Attorneys’ Fees and Court Costs: The Wage Act requires a violating employer to pay your reasonable attorneys’ fees and litigation costs, ensuring that workers can afford to pursue justice without draining their own pockets.

At Gordon Law Group, we can help determine if you’ve been misclassified in Massachusetts. Our team has the experience you can trust in these situations.

How We Win Misclassification Cases

Winning an independent contractor misclassification case requires a meticulous evaluation of the facts, aggressive discovery, and a deep understanding of Massachusetts employment precedent. We approach these cases with a proactive strategy designed to hold employers accountable.

1. Stripping Away the Contract Defense

Employers often believe that presenting a signed Independent Contractor Agreement ends the discussion. We immediately dismantle this defense by demonstrating to the court that employment status is determined by the test outlined above.

2. Documenting the Operational Reality

We gather and analyze extensive evidence to prove that the employer exercised control over your work. This includes reviewing email archives, text message threads, schedules, and other records to identify mandated protocols, hours, and supervisory oversight.

3. Analyzing the Core Business Function

We evaluate the employer’s public-facing business operations. This includes marketing materials, websites, and client contracts. 

4. Calculating the Full Financial Impact

We work alongside financial experts to reconstruct your complete work history, auditing timesheets, invoices, and expense receipts. We calculate the exact value of every unpaid hour, missing benefit, and out-of-pocket expense to secure the maximum mandatory triple damages available under the law.

Do You Feel You Have Been Wrongfully Classified?

Do you feel as though you have been wrongfully classified as an independent contractor? If so, the Gordon Law Group is here to help. We fight for Massachusetts’ employees’ rights daily. We know what approach to take to get the results you deserve. Call us today at 617-536-1800 or reach out to us online to schedule a consultation.