For Immediate Release - February 01, 2010

Attorney General Martha Coakley's Office Reaches Agreement with Restaurant Meal Delivery Companies to Resolve Misclassification of Drivers

BOSTON - Attorney General Martha Coakley's Office has reached settlement agreements with four Massachusetts restaurant meal delivery companies to resolve allegations that the companies misclassified their drivers as independent contractors in violation of Massachusetts Law. Under these agreements, the following individuals and their companies have all agreed to fully comply with all Massachusetts Wage and Hour Laws, specifically with the Massachusetts Independent Contractor Statute:
  • Michael Hackel, of Brookline, and his Brighton-based company Dining-In, Inc.
  • Kevin Abt, of Sharon, and his company Restaurants to You, Ltd., based in Stoughton
  • Philip Dumontet, of Boston, and his Boston-based company Dash Deliveries, LLC
  • Todor Ialamov, of Allston, and his company Mix Menu, Inc., of Cambridge

In June 2009, the Attorney General's Fair Labor Division began a review of the business practices of various meal delivery companies in Massachusetts. The review followed receipt of a complaint from a driver alleging that he had been misclassified as an independent contractor by Dining-In. Investigators requested and reviewed company records and began proactive discussions with a number of meal delivery companies regarding proper classification of employees. Dining-In, Restaurants to You, Dash Deliveries and Mix Menu were found to have misclassified their employees. All four companies fully cooperated with the Attorney General's Office. As a result of the investigations, the companies entered into settlement agreements with the Attorney General's Office agreeing to classify all drivers as employees instead of independent contractors.

Companies which misclassify individuals deprive their workers of the many protections and benefits, both public and private, that employees enjoy. Misclassified individuals are often left without unemployment insurance and workers' compensation benefits. In addition, misclassified individuals do not have access to employer-provided health care and may be paid reduced wages or cash as wage payments. The Attorney General's Office has issued an advisory about the Independent Contractor Law that is available on the office's website pdf format of    independent_contractor_advisory.pdf  .

The Attorney General's Office is responsible for enforcing the laws regulating the payment of wages laws, overtime and misclassification of employees in the Commonwealth. Workers who believe that their rights have been violated are urged to call the Attorney General's Fair Labor Hotline at (617) 727-3465. More information about the wage and hour laws is also available in multiple languages at the Attorney General's Workplace Rights website: www.massworkrights.com.

These matters were handled by Assistant Attorney General Lisa Price and investigated by Investigator Angelique Langford, both of Attorney General Coakley's Fair Labor Division.

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