News & Analysis as of

Independent Contractors MA Supreme Judicial Court

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Lathrop GPM

Massachusetts Supreme Judicial Court Rules that Franchisees Did Not Perform Services for Franchisor Within the Meaning of the...

Lathrop GPM on

The Massachusetts Supreme Judicial Court answered “no” to a certified question from the First Circuit Court of Appeals asking whether plaintiff franchisees “‘perform any service’ for 7-Eleven within the meaning of [the...more

Fisher Phillips

7-Eleven Franchisees Are Not Employees Under Massachusetts Law: 5 Tips to Ensure Compliance After Latest Ruling

Fisher Phillips on

The Massachusetts Supreme Judicial Court (SJC) just delivered a win for franchisor-franchisee relationships. Specifically, the court held that 7-Eleven franchisees are not performing a “service” for their franchisor, meaning...more

Seyfarth Shaw LLP

The Massachusetts Supreme Judicial Court Upholds 7-Eleven Franchise System in Denying Franchisees’ Challenge to Their Independent...

Seyfarth Shaw LLP on

On September 5, 2024, the Massachusetts Supreme Judicial Court (“SJC”) answered a second certified question in Patel, et al. v. 7-Eleven, Inc., et al. (“Patel II”), a long-running case where 7-Eleven franchisees claimed they...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Rules 7-Eleven Franchisees Are Not Employees

Foley Hoag LLP on

On September 5, 2024, the Massachusetts Supreme Judicial Court (“SJC”) ruled in Patel v. 7-Eleven that 7-Eleven franchisees are not employees of the franchisor under the independent contractor statute. The SJC looked beyond...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Clarifies Franchisee vs. Employee Classification

In the ever-evolving landscape of employment law, a recent Massachusetts Supreme Judicial Court (SJC) opinion, Patel v. 7-Eleven, Inc., has shed light on a critical question: When is a franchisee considered an employee of the...more

Saiber LLC

The Saiber Construction Law Column: February 2024

Saiber LLC on

In the April 2023 OnSite issue, the Saiber Construction Law Column discussed a 2022 case in which the Supreme Court of Maryland held that a party who hires an independent contractor is generally not liable to an employee of...more

Lathrop GPM

First Circuit Certifies Second Employee Misclassification Question to Massachusetts Supreme Court in Ongoing 7-Eleven Case

Lathrop GPM on

The First Circuit Court of Appeals recently certified to the Massachusetts Supreme Court the question of whether franchisee plaintiffs in an ongoing case pass the threshold inquiry under the state’s three-prong employee...more

Fisher Phillips

7-Eleven Franchise Owners Not Deemed Employees Under Massachusetts Law

Fisher Phillips on

A federal court recently ruled that 7-Eleven franchise owners are not employees of the franchisor, the latest development in a long-running legal saga challenging their status as independent contractors. However, this...more

Fisher Phillips

The Top 14 Workplace Law Stories from July 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Morgan, Brown & Joy, LLP

SJC Strikes Down Two Initiative Petitions Proposing Laws Classifying Covered App-Based Drivers as Independent Contractors

The Massachusetts Supreme Judicial Court (the “SJC”) recently ruled that two initiative petitions seeking to define and regulate the relationship between network companies and app-based drivers are not suitable for placement...more

Fisher Phillips

Massachusetts High Court Nixes App-Based Driver Ballot Question

Fisher Phillips on

As we reported last month and back in January, the Massachusetts Supreme Judicial Court (SJC) was considering whether voters in the state could weigh in on a ballot initiative classifying app-based drivers (those using...more

Fisher Phillips

Massachusetts High Court Hears Argument on Gig Driver Ballot Question

Fisher Phillips on

As we wrote back in January, Massachusetts is in the midst of a multi-fora battle over whether gig drivers (those using app-based platforms such as Uber, Lyft, DoorDash, and Instacart) should be treated as employees or...more

Morgan Lewis

Massachusetts High Court Issues Three Major Wage and Hour Decisions

Morgan Lewis on

The Massachusetts Supreme Judicial Court recently issued three decisions with significant implications for employers in the commonwealth, holding that (1) when an employer pays wages to an employee after the deadlines...more

ArentFox Schiff

Massachusetts’ Franchisee Classification To Be Resolved Using Independent Contractor Test

ArentFox Schiff on

On March 24, 2022, in the case of Patel v. 7-Eleven, Inc. (No. SJC-13166), the Supreme Judicial Court (SJC), the highest court in the Commonwealth of Massachusetts, ruled that whether a franchisee is an independent contractor...more

Partridge Snow & Hahn LLP

Massachusetts SJC Holds that Independent Contractor Statute Applies to Franchisees

On March 24, 2022, the Massachusetts Supreme Judicial Court (“SJC”) determined that the Massachusetts independent contractor statute (G. L. c. 149, § 148B) applies within the franchisor-franchisee context and does not...more

Littler

Massachusetts Top Court Issues Key Ruling Impacting Independent Contractors

Littler on

On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) handed down a key ruling that could have a significant impact on franchising across the state. In Patel v. 7-Eleven, Inc., the SJC was asked whether the...more

Lewitt Hackman

Franchisor 101: Preemption Preempted

Lewitt Hackman on

Patel v. 7-Eleven, a case in Massachusetts, has been closely watched since the ABC test took hold of franchise relationships in employee misclassification cases across the country. A putative class of 7-Eleven franchisees...more

Fisher Phillips

Massachusetts Franchise Owner-Operators May Be Employees of Franchisors

Fisher Phillips on

The Massachusetts Supreme Judicial Court just held that 7-Eleven franchisees may be employees of 7-Eleven under Massachusetts wage and hour law. The March 24 decision in Dhananjay Patel v. 7-Eleven, Inc. will have significant...more

Foley & Lardner LLP

The Supreme Judicial Court of Massachusetts refuses to apply the “ABC” test to determine the existence of a joint employment...

Foley & Lardner LLP on

In a recent ruling, Jinks v. Credico (USA) LLC, 177 N.E.3d 509 (Mass. 2021), three individual Plaintiffs brought suit alleging that the Defendant jointly employed them with another entity. The Massachusetts court applied a...more

Mintz - Employment Viewpoints

Massachusetts Supreme Judicial Court Rejects Use of Independent Contractor Statute for Joint Employment Status Determination

In a recent decision, the Massachusetts Supreme Judicial Court (SJC) confirmed that the framework used in federal Fair Labor Standards Act (FLSA) cases, not the ABC classification test set forth in Massachusetts’ independent...more

Nutter McClennen & Fish LLP

The Massachusetts Independent-Contractor Statute Does Not Determine Joint-Employer Status

In Jinks v. Credico, an opinion issued on December 13, the Massachusetts Supreme Judicial Court declined to extend the application of the state’s highly restrictive independent-contractor statute.  The SJC held that the...more

ArentFox Schiff

Massachusetts Supreme Judicial Court Clarifies Joint Employer Analysis Under the Massachusetts Wage Act

ArentFox Schiff on

The Massachusetts Supreme Judicial Court has issued an opinion in Jinks v. Credico (USA), LLC setting forth the appropriate standard governing joint employer liability under the Massachusetts Wage Act. The Massachusetts...more

Morgan Lewis

Massachusetts SJC Adopts FLSA ‘Joint Employer’ Test for Minimum Wage & Overtime Laws

Morgan Lewis on

Massachusetts’ Supreme Judicial Court held that to determine whether an entity jointly employs an individual for purposes of the state’s minimum wage and overtime laws, courts should apply the Fair Labor Standards Act’s test,...more

Bowditch & Dewey

HRMA Perspectives publishes “The Supreme Judicial Court and the New Law Imposing Restrictions on Non-Compete Agreements in...

Bowditch & Dewey on

Earlier this summer, Governor Baker signed into law a long-awaited bill restricting the use of non-competition agreements. This bill took effect on October 1, 2018, and will apply to agreements entered on or after that date....more

White and Williams LLP

Massachusetts Supreme Judicial Court Clarifies Test for Determining Who is an “Employee” for Purposes of Workers' Compensation...

White and Williams LLP on

The Massachusetts Supreme Judicial Court (SJC) held yesterday in Camargo’s Case that a worker’s eligibility for workers' compensation benefits is contingent upon the worker proving that he/she is an “employee” under the...more

33 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide