Independent Contractor — Massachusetts Employment Law Blog - Steffans Legal — Steffans Legal -- The Employment Law Firm

Massachusetts Court Narrows Employees’ Ability to Invalidate Class Action Waivers

Are class action waivers signed by Postmates drivers enforceable? A recent Massachusetts Superior Court ruling says yes.

Independent Contractors and the Gig Economy: Massachusetts Court Finds Employment Status

In Hogan et al. v. The InStore Group, LLC, a Massachusetts court granted summary judgment in favor of a Plaintiff and a class of retail vendor associates claiming that they were misclassified as an independent contractors.

Benjamin SteffansJanuary 15, 2021Independent Contractor, Wage and Hour

Massachusetts Federal Court Invalidates Class Action Waiver, Allowing Individuals to Bring Class Action in Employment Context

On July 17, 2020, the First Circuit Court of Appeals was asked to decide whether class action waivers are enforceable outside the FAA context?

Recent Massachusetts Appeals Court Ruling Provides Guidance on Classification as an Independent Contractor vs. an Employee

In Weiss v. Loomis, Sayles & Company, Inc., the Massachusetts court of appeals reversed a trial court’s decision ruling that the plaintiff was misclassified as an independent contractor. In doing so, the appeals court provided helpful guidance on how to apply the Massachusetts independent contractor three part “ABC test”.

Benjamin SteffansJanuary 29, 2020Independent Contractor, Wage and Hour

Massachusetts Court Rules Again On Classifying Independent Contractors and Whether Certain Deductions and Employment Expenses Can Be Considered Wages

On May 1, 2019, a Massachusetts federal court, in the case of DaSilva et al. v. Border Transfer of MA, Inc., made it even more risky and difficult for employers using independent contractors.

Salesperson as Independent Contractor? No Says Massachusetts Federal Court

A recent Massachusetts court, in the case of Valle v. Powertech Industrial, injected some helpful guidance as to when salespeople are employees and when they are independent contractors.

Massachusetts Gives Another Nod to All Massachusetts Employees in Wage-and-Hour Context (But Especially Agricultural Employees)

For as long as I’ve practiced law, courts across the country, both state and federal, have uniformly held that wage-and-hour laws should be construed broadly to protect employees and that exemptions from those laws should be construed narrowly to protect employees.

Benjamin SteffansMarch 19, 2019Wage and Hour, Overtime, Employer Counseling, Independent Contractor

Can the Massachusetts Wage Act Be More Employee Friendly?? YES!

The Massachusetts Wage Act (“MWA”) is the Massachusetts law that, among other things, requires employers to pay employees for all hours worked, pay overtime for hours worked over 40 to most employees, and to pay vacation time.

The Supreme Judicial Court Gives Employers A Gift In The Ongoing Independent Contractor Saga

Under Massachusetts law, it’s quite difficult to properly treat an individual as an independent contractor. Thankfully (if you are an employer) the Supreme Judicial Court (SJC) has carved a pro-employer exception into the law that makes it much easier to treat someone as an independent contractor, at least for workers’ compensation purposes.

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