Massachusetts

2016 Massachusetts Employment Law Year In Review

Massachusetts blue map

  From the National Law Review, Robert Sheridan reviews the developments in 2016 in employment law in Massachusetts including a court decision that said that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) preempts Massachusetts’ stringent independent contractor statute.  Robert writes: A Federal Law Preempts, in Part, Enforcement of Massachusetts’ Independent Contractor Statute Against Motor…

NH Drywall Company Agrees to $500,000 Settlement

Drywall installers

  The Massachusetts Attorney General released a statement saying that a drywall company agreed to pay $500,000 to resolve allegations that it misclassified workers as independent contractors.  The statements says: A New Hampshire drywall company and its owner have agreed to a $500,000 settlement to resolve allegations that they misclassified employees as independent contractors on…

Labor and Employment Group News: Independent Contractor or “Employee, Inc.”? 

Massachusetts Articles of Incorporation

From  JDSupra, Barry Waters discusses a recent case in which the Massachusetts Supreme Judicial Court (SJC) said that the Massachusetts independent contractor statute might apply to individuals who provide services through a corporation.  Barry writes: The Court cited the following factors from a Massachusetts Attorney General advisory to determine if the corporate form represents a legitimate…

MA Court says FAAA Preempted Independent Contractor Statute

delivery truck

  There have been multiple cases in Massachusetts in which parties claim that the Federal Aviation Administration Act (FAAA) preempts the Massachusetts independent contractor statute.  State laws that affect the rates, routes, or services of transportation providers are preempted by the FAAA.  In Rice v. Diversified Specialty Pharmacy, LLC, et al.  (Curran, J.) (Middlesex Superior Court)…

Umpteenth Time’s the Charm? Massachusetts Has Another Go At Non-Compete Reform

  From JDSupra, Dawn Mertineit, Katherine Perrelli, and Erik Weibust discuss proposed legislation that would limit non-compete agreements in Massachusetts.  This legislation would apply to independent contractors and employees.  Dawn, Katherine and Erik write: The bill also defines “employee” to include independent contractors, notwithstanding the many fundamental differences between employees and independent contractors under Massachusetts law.   It’s unclear why…

Same-Day Delivery Companies: 2; MA Independent Contractor Statute: 0. First Circuit Once Again Upholds Classification of Couriers as Independent Contractors 

Massachusetts Map

    From JDSupra, Gauri Punjabi discusses the preemption of the Massachusetts independent contractor statute by the Federal Aviation Administration Act of 1994 (FAAAA).  Gauri write: The Massachusetts Attorney General in Massachusetts Delivery Association v. Healey claimed that the couriers hired by same-day delivery companies were not performing services outside the usual course of the companies’ business…

MA Attorney general’s office seeks help enforcing labor laws 

Massachusetts blue map

  From WickedLocal.com, Jessica Trufant reports that the head of the Massachusetts Attorney General’s Fair Labor Division said that her office needs witnesses and workers talking to them about misclassification. The head of the attorney general’s Fair Labor Division said it’s a top priority to investigate contractors accused of bypassing wage and labor laws, but…

Shrewsbury Landscaping Company to Pay More than $31,000 to Resolve Overtime and Employee Misclassification Violations

Landscapers

    From the Shrewsbury Lantern, a report that a landscaping company misclassified workers as independent contractors and failed to maintain accurate payroll records.  The report states: A Westborough man and his landscaping company will pay more than $31,000 in restitution and penalties to resolve violations of the state’s wage and hour laws, Attorney General…

The Mass. independent contractor law hurts workers and the economy

Boston Globe March 10 2016

  From The Boston Globe, David Casey criticizes the Massachusetts independent contractor statute because it stifles innovation and independence.  He recommends returning to a previous version of the statute.  David writes: Consider Jane, a Web-design freelancer who works from home in Waltham to produce branding solutions for clients across the country. She is proof that…