Massachusetts Jury Instruction - 1.9.4.1 Employee Self-Employed Independent Contractor
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FAQ
As a 1099 worker, you have the autonomy to make your own schedule, advertise your services and more. However, independent contractors must pay taxes out of pocket and are not entitled to overtime, guaranteed minimum wage, workers' compensation or unemployment benefits.
Independent Contractor law, which requires that workers perform a service "outside the usual course of the business of the employer" to be classified as independent contractors." Therefore, workers who deliver papers may remain independent contractors.
If employers misclassify employees, they may be violating wage, tax, and employment eligibility laws. Organizations can be held liable for failing to pay overtime and minimum wage under the Federal Fair Labor Standards Act (FLSA) as well as under state wage laws.
Generally speaking, the difference between independent contractors and employees in California is whether or not the entity paying for services has the right to control or direct the manner and means of work (tending to signify an employment relationship.)
Under Massachusetts General Law Chapter 149, Section 27C, employers who willfully misclassify workers are guilty of a criminal offense. A first-time offense carries up to $25,000 in fines and a year in jail.
In Massachusetts, the rules about who can be classified as an independent contractor are part of the Wage Act. Any violation of the Wage Act, including an improper classification, will result in triple damages and payment of the plaintiff's attorneys' fees.
Federal law violation fines This department hires auditors to identify and penalize independent contractor misclassification. At a minimum, consequences include paying back wages, but you could also face criminal penalties, including: Payment penalties of up $1,000 per misclassified employee. Jail time of up to a year.
1. Wage law violations. Employers that hire individuals as independent contractors (who should instead be classified as employees) may be held liable for failure to pay overtime and minimum wage under the federal Fair Labor Standards Act (FLSA) and applicable state wage laws.