Independent Contractor Laws in Massachusetts
Massachusetts has very clear laws about who qualifies as an independent contractor and the obligations of employers and independent contractors as they work together. If you are an independent contractor facing legal action or seeking legal action against an employer, or you have been misclassified as an independent contractor, you need experienced legal advice and representation. Employers who are facing investigation or litigation in regards to classifying workers as independent contractors need legal counsel also. Shapiro Law Group, PC, has the skill and knowledge needed to help you get the resolution you need when facing a case related to being or hiring an independent contractor. Independent contractors are often hired to supplement the work of a business’s employees or to provide a specialized service, either short-term or long-term. Independent contractors are excluded income tax withholding, FICA, and Medicare contributions. They are also excluded from unemployment and workers’ compensation premiums, along with any employee benefit plans.
LEGAL STATUTE
There are clear distinctions as to who is legally considered an independent contractor in Massachusetts. According to the legal statute, one distinction is that the service performed is outside of the usual course of business for that employer. The second is that independent contractor is free from the control and direction in the performance of the service. The third distinction is that the individual is someone who is engaged independently in a job that is the same as the business being performed. Without all three distinctions being met, there may be a claim of misclassification against an employer. This can lead to tax penalties, an increase in insurance liabilities, and even the possibility of criminal charges. When there is an investigation or dispute as to whether a person hired for a job meets these criteria, any parties involved need legal guidance and protection.
INDEPENDENT CONTRACTOR PROTECTION
As a trained worker who specializes in a specific field or area of expertise, an independent contractor must protect themselves from any liabilities or legal obstacles to working in their field. When the classification is unclear or an independent contractor feels they have been taken advantage of in any way, they may need to secure a legal advocate who will fight to protect their work and reputation. Shapiro Law Group, PC, knows the intricacies of the Massachusetts independent contractor law and can help you prove your case or defend against non-compliance and other allegations of wrong-doing. Our firm will fight to secure evidence and get the facts of what has occurred or has been charged. We will take the time to investigate the case and dedicate ourselves to securing the best possible outcome. Let us hear the facts of your case and see if we may be able to help you. The attorneys at Shapiro Law Group, PC, are ready to help you. Contact us today to set up your free initial consultation. (617) 203-8895.
