Did you know that Massachusetts and the Feds are aggressively seeking employers who misclassify employees as independent contractors? Increased audits, enforcement and cooperation among state agencies targeting businesses has been very effective at identifying violations. Especially at risk are smaller businesses that may not know about the specifics of the law and how to fully evaluate whether an employee is a contractor or not.
Key elements to consider are: who is controlling the scheduling of work or assignments, who provides the equipment and space used in the work being done, can the relationship be readily terminated?
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