On May 11, 2016, the First Circuit Court of Appeals rendered a decision in Massachusetts Delivery Association v. Healy (the “MDA case”) preempting Prong 21 of the Massachusetts Independent Contractor Law (the “Massachusetts “ABC” Test”) based, in large part, on the First Circuit’s February 2016 decision in Schwann, et al. v. FedEx Ground. Thus, we are pleased to report that it now appears that Prong 2 of the Massachusetts “ABC” Test is officially dead as to motor carriers. This is, of course, good news, albeit not necessarily new news.
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