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Bob Shea Discusses Massachusetts Independent Contractor Law on WBUR 07/12/2010

Posted by Morse Barnes-Brown Pendleton in Attorney News.
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Employment Attorney Bob SheaIn a recent news story on WBUR 90.9FM, Attorney Bob Shea was interviewed on the Independent Contractor Law in Massachusetts and how it is adversly affecting freeland writers and artists. Bob describes the Massachusetts law in the report:

It’s a law that went into effect in 1990. It was tweaked in 2004 to deal with a concern about the use of independent contractors in the construction area, and the tweak has had a lot of unintended consequences.

To learn more on the Massachusetts Independent Contractor Law, or to read the full transcript of the report, please visit WBUR.org.

For any questions regarding Employment issues, please contact Bob Shea.

Comments»

1. Diana Seablom - 10/29/2010

I am currently working for a lady as a personal care assistant. She has cancer and I work from 8:30 till 1:30 or 4:30 and sometime Saturday or Sunday for a few hours. Her accountant felt she should claim me as an employee but I want to be claimed as a independent contractor. The hours verify depending on her needs. Does she has to claim me as an employeer? She and her accountant think so by the law but I do not feel this is the case. I feel she only needs to present me with at 1090 – please advise

2. Morse, Barnes-Brown Pendleton - 11/04/2010

Massachusetts requires a worker to be classified as an employee unless all three prongs (freedom from control, service outside of the usual course of the employer’s business, and independent trade, profession, occupation or business) of the Independent Contractor Law are met. A misclassification is costly to the employer, who under the law would be hit with treble damages for improperly classifying a worker as an independent contractor. If the accountant is stating that you are an employee in all likelihood he/she is correct.


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