Massachusetts And Independent Contractor Determination

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Massachusetts And Independent Contractor

The Massachusetts has an interesting take on independent contractors.  One of the hottest topics that still generates interests over the years is the subcontractor vs. employee debate.

Map Of Massachusetts Graphic
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Many states have publicized cracking down on “1099 employees.”Massachusetts has a landmark case that has been used for determining whether or not a workers is considered an independent contractor or employee.The list is comprehensive in nature, yet concise enough to be a listed here:

  1.  the extent of control exercised by the employer over the details of the work
  2.  whether the worker was engaged in a distinct occupation or business 
  3. whether, in the locality, the type of work usually proceeded under the direction of an employer or by an unsupervised specialist
  4.  the skill required for the occupation
  5. whether the employer or the worker supplied the tools and place of work
  6. the length of time of the working relationship
  7.  the method of payment
  8. whether the work was part of the regular business of the employer
  9. whether the parties believed that they were creating an employment relationship
  10. whether the alleged employer constituted a business 

The Massachusetts case referred to is MacTavish v. O’Connor Lumber Co., 6 Mass. Workers’ Comp. Rep. 174, 177 (1992).

The IRS website will be revisited tomorrow to see if there has been any updates to their website on independent contractors.

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James Moore

Raleigh, NC, United States

About The Author...

James founded a Workers’ Compensation consulting firm, J&L Risk Mgmt Consultants, Inc. in 1996. J&L’s mission is to reduce our clients’ Workers Compensation premiums by using time-tested techniques. J&L’s claims, premium, reserve and Experience Mod reviews have saved employers over $9.8 million in earned premiums over the last three years. J&L has saved numerous companies from bankruptcy proceedings as a result of insurance overpayments.

James has over 27 years of experience in insurance claims, audit, and underwriting, specializing in Workers’ Compensation. He has supervised, and managed the administration of Workers’ Compensation claims, and underwriting in over 45 states. His professional experience includes being the Director of Risk Management for the North Carolina School Boards Association. He created a very successful Workers’ Compensation Injury Rehabilitation Unit for school personnel.

James’s educational background, which centered on computer technology, culminated in earning a Masters of Business Administration (MBA); an Associate in Claims designation (AIC); and an Associate in Risk Management designation (ARM). He is a Chartered Financial Consultant (ChFC) and a licensed financial advisor. The NC Department of Insurance has certified him as an insurance instructor. He also possesses a Bachelors’ Degree in Actuarial Science.

LexisNexis has twice recognized his blog as one of the Top 25 Blogs on Workers’ Compensation. J&L has been listed in AM Best’s Preferred Providers Directory for Insurance Experts – Workers Compensation for over eight years. He recently won the prestigious Baucom Shine Lifetime Achievement Award for his volunteer contributions to the area of risk management and safety. James was recently named as an instructor for the prestigious Insurance Academy.

James is on the Board of Directors and Treasurer of the North Carolina Mid-State Safety Council. He has published two manuals on Workers’ Compensation and three different claims processing manuals. He has also written and has been quoted in numerous articles on reducing Workers’ Compensation costs for public and private employers. James publishes a weekly newsletter with 7,000 readers.

He currently possess press credentials and am invited to various national Workers Compensation conferences as a reporter.

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