Misclassification of Employees
as Independent Contractors
Many employers deny wages and benefits to their workers by classifying them as independent contractors rather than employees. However, employers may only lawfully classify workers as independent contractors if all three of the following are true:
A. 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;
B. Your work is performed outside the usual course of the business of your employer (for example, a company that is in the business of cleaning offices hires a janitor to clean offices, or a trucking and logistics company that hires a dispatcher would violate this part of the test); and
C. 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.
Workers who are misclassified frequently have valuable claims for unpaid overtime, unpaid wages, and for illegal deductions (such as materials expenses or transportation costs). The lawyers at Hayber, McKenna & Dinsmore, LLC regularly represent workers who have been denied wages and who have been subject to illegal deductions by virtue of their misclassification as independent. If you believe your legal rights may have been violated, contact our Massachusetts wage and hour attorneys today. With offices in Springfield and Northampton, we serve all of Western Massachusetts.