Employee Versus Independent Contractor

A growing number of employers are classifying workers as independent contractors instead of employees. This is happening all over the economy, but it is particularly common for certain jobs, like delivery drivers, cleaners, information technology workers, recruiters, hairstylists, and massage therapists. The list goes on.

Why are employers doing this? To save money.

An independent contractor is not entitled to the same benefits as a regular employee, like health care coverage, workers’ compensation, overtime, or paid time off. They also are not protected by most workplace laws. Employers can save a lot of money by calling workers “independent contractors,” but this practice is often illegal.

Are You An Independent Contractor?

If you are an independent contractor, you’re probably wondering if you’re misclassified. In Massachusetts, employers must meet a strict test to classify workers as independent contractors. For example, if the work you do is a regular and usual part of the employer’s business, the employer probably will fail the test.

Even though many employers cannot pass the test, they still classify their workers as independent contractors in order to save money or because they’re ignorant of the law. We have extensive experience with the Massachusetts test, so we can help you answer that question.