M.G.L. c. 149, § 148B

In Massachusetts, workers are presumed to be employees.  An employer who wants to treat someone as an independent contractor rather than an employee has to show that work:

(1) is done without the direction and control of the employer; and

(2) is performed outside the usual course of the employer's business; and

(3) is done by someone who has their own, independent business or trade doing that kind of work.

The Attorney General's Office has issued an advisory pdf format of independent_contractor_advisory.pdf
that:

  • Explains the purposes of the law;
  • Discusses the 3-part test for correct independent contractor classification;
  • Includes enforcement guidelines; and
  • Describes the areas of concern and factors that the Attorney General's Office may use to determine enforcement.

More Information:

An Advisory from the Attorney General's Fair Labor Division on M.G.L. c. 149, § 148B pdf format of independent_contractor_advisory.pdf

Council on the Underground Economy