Massachusetts state laws and federal regulations dictate that an employer cannot reclassify an employee as an independent contractor unless a strict three-part test of employment can be shown. The classification of employee vs. independent contractor can mean large payroll savings for employers who reclassify regular employees as independent contractors.
Many employers are fighting bad economic times with bad employment practices, like wrongly calling someone who is actually an employee an "independent contractor" or "1099 worker". By doing this, they can fraudulently save thousands in healthcare and retirement benefits normally due to a regular employee.
To determine whether you are an employee or independent contractor, your lawyer will look at 3 factors of your work for the person you are contracting with:
IF YOU ANSWER "YES" TO THE FOLLOWING QUESTIONS, YOU ARE AN INDEPENDENT CONTRACTOR:
- Is the service you perform outside your employer’s normal course of business?
- Are you free from direct control of your employer while you work?
- Is the service you perform customarily associated with an independent contractor?
Federal and state courts will also look beyond a 1099 tax form and method of payment to determine if you are an employee or independent contractor. Massachusetts courts will also assess if you are fully integrated into the workplace.
If you are an employee but have been reclassified as an independent contractor, but your job remained largely the same, or you still don't meet the requirements of the 3 part test above, then you need to contact our office today to discuss your situation and your rights. We do not charge our clients any upfront fees and we do not get paid unless we win your case. You need an experienced employee rights attorney to assist you with your workplace issues - so leave a message in our contact box below or call 508.998.0800 right away!