In a recent decision in Masssachusetts, an Administrative Magistrate found that workers for a compost collection company who drove to customer locations, picked up compost, and delivered it to the company’s location were misclassified as independent contractors. The Administrative Magistrate found that the company had failed to demonstrate that the workers were free from control, provided services outside the company’s usual course of business, or were engaged in independent profession as required by the Massachusetts independent contractor statute. The Administrative Magistrate noted, in deciding that the workers did not perform services outside the company’s usual course of business, that without the workers, the company would not exist.
