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Can an employer reclassify an employee to an independent contractor?

A:

Massachusetts state laws and federal regulations dictate that an employer cannot reclassify an employee as an independent contractor unless a strict three-part test of employment can be shown. The classification of employee vs. independent contractor can mean large payroll savings for employers who reclassify regular employees as independent contractors.

Many employers are fighting bad economic times with bad employment practices. By doing this, they can save thousands in healthcare and retirement benefits normally due to a regular employee. If you and/or your co-workers have been wrongfully reclassified as independent contractors, you can file an employment class action claim with an employment class action lawyer.

To determine whether you are an employee or independent contractor, your employment class action lawyer will look at 3 tests: 

• Is the service you perform outside your employer's normal course of business?
• Are you free from direct control of your employer while you work?
• Is the service you perform customarily associated with an independent contractor?  

Federal and state courts will also look beyond a 1099 tax form and method of payment to determine if you are an employee or independent contractor. Massachusetts courts will also assess if you are fully integrated into the workplace.

If you know you are an employee but have been reclassified as an independent contractor, you may have an employment class action claim. Contacting an experienced employment class action lawyer is your best resource in helping you determine if you are an employee or independent contractor and what your legal options are.

The Massachusetts class action attorneys at Phillips & Garcia will fight for your rights in a Massachusetts class action claim. We are committed to protecting your best interests and helping you move on with your life. Contact Phillips & Garcia today to schedule your FREE legal consultation - (877) 892-5620.

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