Massachusetts Employers May Be Liable to Out-of-State Employees Misclassified as Independent Contractors

From Holland & Knight — “Massachusetts employers have long labored under the strictures of the Massachusetts independent contractor statute, General Laws c. 149, §148B, which makes it exceptionally difficult to engage workers in Massachusetts as independent contractors rather than employees. A misclassification, coupled with a failure to pay overtime, can result in liability for treble damages plus…

Independent Contractor Compliance: What Employers Need to Consider

From TLNT:  The Business of HR “Independent workers – whether they’re called independent contractors, freelancers or the self-employed – continue to be a significant factor in the American economy. According to Randstad’s Workforce 360 study, 43 percent of the workforce says they are interested in pursuing non-traditional work arrangements, and more than 2.6 million workers…

Massachusetts Independent Contractor Law

Massachusetts blue map

From Morse Barnes-Brown Pendleton, Robert Shea discusses the Massachusetts Independent Contractor Law.  Bob discusses worker classification under federal law and then the various Massachusetts state law tests: Worker Status under Massachusetts Law The Unemployment Compensation Law Test Massachusetts is among nineteen states that have a three-part test for determining worker status for unemployment compensation purposes.…

Wage Theft Is Grim Business | Rory Lancman

From the Huffington Post — “A 2007 study by Cornell University’s School of Industrial and Labor Relations found that in New York state alone, nearly 40,000 employers misclassified over 700,000 employees as independent contractors, including nearly 15 percent of the state’s construction workforce — that’s 700,000 people left out in the cold when it comes…

Declaring Independent Workers

From HRO Today — Working with independent contractors is a great strategy to fill the need for special skills, benefit from the experience of specialists for distinct projects, and provide flexibility and cost savings. With the increasing population of highly skilled self-employed workers, it is critical that organizations embrace the free agent movement and be prepared…