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 upon the favorable Massachusetts Independent Contractor Statute.
The recent case, Taylor v. Eastern Connection Operating, Inc., saw drivers seeking compensation for misclassification, as the employer treated their drivers as independent contractors rather than employees. That may have posed a possible problem for the drivers under New York law, but Eastern Connection is a Massachusetts based firm. And, while the three plaintiffs were New York residents and worked in New York, their contract provided for Massachusetts law. With that in mind, the Supreme Judicial Court decided that the Massachusetts Wage Act would apply. While the Court did not rule on whether they were employees or independent contractors, the decision will likely greatly expand the liability of Massachusetts-based companies who have both independent contractors and employees out-of-state.
If you are a driver working as an independent contractor, contact us to learn your rights. Most significantly, if you’re required to pay the costs of operating your truck – insurance, gas, repairs, paint, equipment – you may be entitled to all of it back, with triple damages. Call us today.