Bill > H2130

This bill modifies Section 148B of Massachusetts labor law regarding the classification of independent contractors, proposing a three-part test to determine whether a worker is an independent contractor or an employee. Under the proposed language, an individual will be considered an independent contractor only if three specific conditions are met simultaneously: first, the individual must be free from control and direction both contractually and in actual practice; second, the service performed must be outside the usual course of the employer's business; and third, the individual must be customarily engaged in an independently established trade, occupation, profession, or business that is similar to the service being performed. These criteria are significant because worker classification impacts many legal and financial aspects of employment, such as wage and hour protections, tax obligations, and benefits eligibility. By establishing a more stringent standard for classifying workers as independent contractors, the bill aims to provide greater workplace protections and prevent potential misclassification of workers.

Labor and Employment

https://malegislature.gov/Bills/194/H2130