Independent Contractor Lawyer Handling Employee Misclassification In Boston

Your classification as an employee significantly affects your rights and compensation. If you suspect misclassification, an experienced independent contractor attorney can assist you in filing a claim to recover the wages and benefits you deserve. Swartz Law, a business and employment law firm, represents clients with misclassification claims in Boston and across Massachusetts.

Employee v. Independent Contractor

Independent contractors possess significantly fewer rights compared to employees in the workplace. For instance, they are not eligible for job-related benefits, and employers are not obligated to pay taxes on their behalf. Instead, independent contractors must cover their own self-employment taxes. Whether intentional or accidental, there are instances where employers misclassify employees as independent contractors.

Massachusetts has a strict independent contractor law. All three of the following factors must be present to be validly classified as an independent contractor:

• You are free from control and direction in connection with the performance of your work, both under any contract and in the reality of your job;
• Your work is performed outside the usual course of the business of your employer; and
• You are customarily engaged in an independently established trade, occupation, profession or business of the same nature as the work you do in your job.

 Classifying a worker as an independent contractor in Massachusetts is particularly challenging due to these factors. If you’re working and receiving payment without tax deductions, you might have a valid claim. The damages you could recover depend on the employer tax you paid and the wages (like overtime) and benefits (such as retirement plan and insurance contributions) you should have received as an employee.

Under the Massachusetts Wage Act, if your employer misclassifies you as an independent contractor, you can sue for three times the amount owed and your attorney fees.

Exempt v. Nonexempt

The Fair Labor Standards Act (FLSA) applies to most jobs, mandating employers to pay minimum wage and overtime (at 1.5 times the regular rate for hours over 40 per week). However, the FLSA exempts employees in specific roles. The rights and protections granted to nonexempt workers under the FLSA don’t extend to exempt employees
For instance, exempt workers aren’t entitled to overtime pay or legal rights like meal and rest breaks. Certain roles are inherently exempt, but most positions must meet specific criteria to be classified as exempt. Generally, the employee must receive a minimum weekly salary, be compensated on a salary basis, and perform duties that fall within five main categories: outside sales, executive, administrative, professional, and computer employees.

Determining the correct classification can be complex. If you suspect your rights are being violated, consulting an experienced employment lawyer is crucial to assess your situation and determine if you have a valid claim.