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MA Supreme Judicial Court Employee Definition ABC Test

Morgan, Brown & Joy, LLP

Massachusetts Supreme Judicial Court’s Franchise Decision May Create Compliance Challenges for Commonwealth Franchisors

On March 24, 2022, the Massachusetts Supreme Judicial Court (“SJC”) held that the Commonwealth’s independent contractor test applies to the franchisee-franchisor relationship. In Patel v. 7-Eleven, Inc., the Court found that...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

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

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