Worker misclassification happens when a business labels you as an independent contractor even though Massachusetts wage law treats you as an employee. That label may affect your right to minimum wage, overtime pay and other workplace protections. It could also leave you responsible for costs that an employer would usually pay.
To decide whether the label is correct, Massachusetts uses a three-part test. Your employer might have misclassified you if it cannot prove every part of that test.
How Massachusetts decides your worker status
To treat you as an independent contractor, the business must prove the following:
- You control how you perform the work.
- You provide services outside the business’s usual work.
- You run an independent business that offers the same services.
Your actual work matters more than the label in your contract. Consider who sets your schedule, assigns your tasks and directs your work. You may also review whether your service matches what the business offers its customers.
For example, a cleaning company that hires you to clean offices for its clients could have trouble meeting the second requirement. Cleaning offices falls within the type of service that the company sells.
What employee status could mean for your pay
If the law treats you as an employee, wage protections might apply to your work. You could have a claim if the business paid you less than minimum wage. You may also qualify for overtime after 40 hours in one workweek unless an exemption applies.
Employee status may affect other rights as well, including earned sick time and access to proper payroll records. Consider keeping your agreements, pay records and work schedules. Messages about your duties or hours could help show how the business directed your work and calculated your pay.
Protect your rights with good records
A contractor label does not decide your status under Massachusetts wage law. Learning the three-part test may help you understand your rights. Reviewing your daily work and saving key records could prepare you to make an informed choice and protect your right to lawful pay.
