In Massachusetts, most people who work or provide services are considered employees under the law. This means that they have rights to minimum wage, overtime, and other protections.
Employers who misclassify workers as independent contractors, volunteers or unpaid interns are subject to criminal enforcement and civil penalties. Click on a topic area below to learn more.
Massachusetts law provides a three-part test which requires that all three elements (commonly referred to as prongs one, two and three, or the A, B, C test) exist in order for a worker to be classified as an independent contractor. The employer must prove that the worker meets this test.
There are limited exceptions from the obligation to pay workers. Using the title "volunteer," "intern," or "trainee" does not automatically exempt workers from being eligible for pay. This is true for both not-for-profit (charitable) organizations and for-profit entities. There are strict tests which determine whether a worker must paid, regardless of his or her title.