“I’m a truck driver, driving a truck on a regular basis for a local company. When I work, I’m treated just like the ‘regular’ employees, and I do the same work they do. The only difference is that I don’t get overtime or worker’s comp. Is that fair?”
Ultimately, this comes down to your classification as an employee or a contractor and whether the company has you classified correctly. The experienced Gordon Law Group, LLP lawyers for independent contractors, who are based in Boston, represent people across the country who find themselves in this situation. When you choose Gordon Law Group, LLP as your independent contractor attorney in Boston, you can be confident in your choice. In fact, our attorneys are frequently cited among the best employment lawyers in the nation.
Understanding Independent Contractor and Employee Classifications
Massachusetts recently passed a new Independent Contractor Law. The law separates workers who must be treated as “employees,” and workers who may be treated as “independent contractors.”
The distinction is important because employee status comes with many more important rights and obligations, including payment of wages and overtime pay, personnel file management, workers compensation insurance, unemployment insurance, pensions, health care and income tax withholding. Employee status also comes with the right to sue under the Wage Statute which provides for attorney’s fees and treble damages. If you are misclassified as an independent contractor you are entitled to many benefits that you may be missing out on.
Recognizing Misclassifications in Employment Status
Whether you are classified as an employee or an independent contractor is a question of the law. Massachusetts law presumes workers are employees and there is a three-pronged test that determines your independent contractor status. Basically, if your employer controls and directs the services you perform, you are an employee. You can be an employee even if your employer gives you a 1099 form instead of a W-2 form.
Being classified as an independent contractor may be appropriate if all the following circumstances are true:
- The work you perform is not controlled by the employer (what you do and how you do it)
- You have an independent business doing the type of work you perform for the employer
- The work you do is outside the employer’s regular course of business
An Experienced Employment Lawyer Can Protect Your Rights
The attorneys at Gordon Law Group, LLP are committed to advocating for the rights of workers in a wide range of employment law matters. We hold employers accountable for misclassifying their workers. In doing so, we are not only helping our clients; we’re also helping ensure those businesses classify workers correctly in the future.
If you think you have been misclassified as an independent contractor, contact us today. Our experienced independent contractors lawyers can assist you with your case.
This information is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. While some may find this useful for understanding the basic issues and their legal context, it is NOT a substitute for experienced legal counsel and does not provide legal advice. Please contact the team at Gordon Law Group to discuss your specific case.