Independent Contractor Issues

Many employers use consultants or independent contractors in lieu of employees in an effort to save money on benefits, which businesses generally provide to employees but not independent contractors, or in connection with a project or assignment of limited duration. However, both Connecticut and Massachusetts have restrictive legal tests for which workers qualify as independent contractors. As a result, many consultants or independent contractors performing work in those states have been misclassified.

I have experience in auditing a business’s workers and assessing whether a worker should properly be classified as an independent contractor or an employee. For Massachusetts businesses with workers that meet the independent contractor test, I also have experience drafting independent contractor agreements that meet the requirements of Massachusetts law.

In addition, I have represented businesses in Department of Labor proceedings involving employee misclassifications arising from either a complaint or a random audit.

Please contact me to schedule an audit of your business’s consultants or independent contractors, or if you need other assistance regarding an independent contractor issue.