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 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.