Legal Question in Employment Law in Massachusetts

I was hired by a small firm to perform accounting and bookkeeping services as an independent contractor. Part of my responsibility was to supervise, give work and oversee the work of their administrative employee. THey paid me the same amount every month for 3 1/2 years. I owned my own computer; however, they gave me and paid for a cell phone to access me and expected me to be at operational meetings. I processed all checks on their equipment. Does this mean they misclassified me and I should have been an employee?


Asked on 10/11/09, 1:09 pm

1 Answer from Attorneys
William Harrington Law Office of William T. Harrington

Mass. law strongly favors finding as an employee. Was this you only means of income during that time period or did you perform accountany work for other companies as well? Were you required to work on the premises? It seems like, computer aside, the company provided you the equipment to do your job. I think it is very likely that you should be classified as an employee. A company need not have paid vacation or provide health benefits but, if it did for other employees, you can argue that you should have been provided such benefits. Also, if you worked overtime, you would be entitled to overtime pay if you are not exempt. However, since you are an accountant, if you were an employee you would be exempt for overtime pay. Also, if the company owes you outstanding invoices, if you are an employee, the company would be liable under the Wage Act for three times the amount plus coounel fees. Also, the Wage Act provides for personal liability for the President and Treasurer and any other officer having managment of the company. If you want to discuss this with me, please call me at 617-426-7400. Bill Harrington

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Answered on 10/16/09, 2:24 pm


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