Massachusetts Wage Theft: Employees Often Misclassified as Contractors under “ABC” Test

Massachusetts has what many consider to be the strictest test for whether or not a worker is an independent contractor. Under Massachusetts law, a worker is often an employee; “independent contractor” status is hard to achieve under Mass. law. Generally, a worker is an employee when:

–Individual is free from control and direction in connection with service, both in performance and fact;

–Service is performed outside usual course of business of employer; AND

–Worker is customarily engaged in independently established business of same nature

Factors Considered by Mass. Courts Include:

•Whether worker is paid by job or hour

•Whether employer provides tools, equipment or materials for job

•Whether relationship between worker and company can be terminated without liability on part of employer

•Whether worker wears uniforms

•Whether worker determined own job hours

If you have been misclassified as an “independent contractor” you may be entitled to triple damages and all back wages owed.