Independent Contractor Misclassification Attorney
At Hayber, McKenna & Dinsmore, LLC, our Springfield, MA independent contractor misclassification attorneys are experienced and passionate advocates for our clients. We are committed to holding employers accountable for unfair workplace practices. If you believe that you or your loved one is misclassified as an independent contractor, we are here to help. For a strictly private initial consultation with a top-rated Massachusetts employee rights lawyer, please call our Springfield law office at (413) 785-1400 or reach out to us directly online.
Classification: Employee vs. Independent Contractor
An employee is a person who works for wages or salary at a company or organization. In contrast, an independent contractor is a person who provides goods or services to an employee. It is a subtle but important distinction.
In Massachusetts, an individual’s status as an employee or independent contractor will depend entirely on the actual nature of their work. In other words, your employer does not have the right to simply decide that you are an independent contractor.
As explained by the Massachusetts Attorney General’s Fair Labor Division, the Commonwealth has a three part test to determine employee/contractor classification. To be classified as an independent contractor, the following three criteria must be met:
- Work must be performed outside of the direct control of the employer;
- Work must be performed outside the course of the employer’s business; and
- Work must be performed by someone who has their own independent business or trade.
Why Employee Misclassification Matters
Employee classification matters. Your rights in the workplace are, in part, based on your status as an employee instead of an independent contractor. If you or your loved one was improperly classified as an independent contractor, you could miss out on a number of workplace rights and benefits, including:
Minimum wage benefits;
Overtime time pay;
Other wage and hour protections;
Medical leave benefits;
Ability to join a union and bargain collectively;
Employer contribution to Social Security and Medicare.
How Our Springfield, MA Employee Rights Attorneys Can Help
Worker misclassification claims are complicated. At Hayber, McKenna & Dinsmore, we have deep experience navigating state and federal labor regulations. We will take action to get you the full rights and benefits you are owed. Among other things, our Springfield employee misclassification attorneys are prepared to:
Listen to your story and explain your workplace rights;
Investigate your case—securing relevant evidence;
Craft a legal strategy focused on getting you justice and compensation.
You deserve personalized employment law representation. Our attorneys will put in the time, attention, and resources to understand your situation and get the best outcome. You should be properly classified so that you can enjoy the full workplace benefits, including minimum wage and overtime protections.
Contact Our Springfield Independent Contractor Misclassification Attorneys for Immediate Help
At Hayber, McKenna & Dinsmore, our Massachusetts employment lawyers have the skills and expertise to handle the full range of worker misclassification cases for delivery drivers, newspaper couriers, and many more. To arrange a completely confidential initial legal consultation, please contact us at (413) 785-1400. We represent employees throughout Western Massachusetts, including in Hampden County, Hampshire County, Franklin County, and Berkshire County.