Section 148B. (a) For the purpose of this chapter and chapter 151, an individual performing any service, except as authorized under this chapter, shall be considered to be an employee under those chapters unless:—
(1) the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact; and
(2) the service is performed outside the usual course of the business of the employer; and,
(3) the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.
(b) The failure to withhold federal or state income taxes or to pay unemployment compensation contributions or workers compensation premiums with respect to an individual's wages shall not be considered in making a determination under this section.
(c) An individual's exercise of the option to secure workers' compensation insurance with a carrier as a sole proprietor or partnership pursuant to subsection (4) of section 1 of chapter 152 shall not be considered in making a determination under this section.
(d) Whoever fails to properly classify an individual as an employee according to this section and in so doing fails to comply, in any respect, with chapter 149, or section 1, 1A, 1B, 2B, 15 or 19 of chapter 151, or chapter 62B, shall be punished and shall be subject to all of the criminal and civil remedies, including debarment, as provided in section 27C of this chapter. Whoever fails to properly classify an individual as an employee according to this section and in so doing violates chapter 152 shall be punished as provided in section 14 of said chapter 152 and shall be subject to all of the civil remedies, including debarment, provided in section 27C of this chapter. Any entity and the president and treasurer of a corporation and any officer or agent having the management of the corporation or entity shall be liable for violations of this section.
(e) Nothing in this section shall limit the availability of other remedies at law or in equity.
Depianti v. Jan-Pro Franchising Int'l, Inc., 465 Mass. 607 (Mass. 2013). · cites it 28דDepianti alleges, inter alia, that Jan-Pro misclassified him as an independent contractor, see G. L. c. 149, § 148B, and committed various wage law violations.”
Ives Camargo's Case., 96 N.E.3d 673 (Mass. 2018). · cites it 28ד149, § 148B, to determine whether the claimant was an employee eligible for workers' compensation under G. L. c. 152; and (2) finding that the claimant was an independent contractor rather than an employee.”
Chambers v. RDI Logistics, Inc., 65 N.E.3d 1 (Mass. 2016). · cites it 9דWe are called upon in this case chiefly to consider whether G. L. c. 149, § 148B, the independent contractor statute, is preempted by the Federal Aviation Administration Authorization Act of 1994 (FA A A A), 49 U.”
Sebago v. Boston Cab Dispatch, Inc., 28 N.E.3d 1139 (Mass. 2015). · cites it 9דIn this case, we must determine whether licensed taxicab drivers in the city of Boston (city) may be classified properly as independent contractors, see G. L. c. 149, § 148B (independent contractor statute), in accordance with Boston Police Department Rule 403, Hackney Carriage…”
Somers v. Converged Access, Inc., 911 N.E.2d 739 (Mass. 2009). · cites it 7ד151B, § 4 (count one); misrepresentation (count two); unjust enrichment (count three); and, in count four, that he was misclassified as an independent contractor when, as a matter of law under G. L. c. 149, § 148B (independent contractor statute), he should have been deemed an…”
Ruggiero v. Am. United Life Ins., 137 F. Supp. 3d 104 (D. Mass. 2015). · cites it 13דProcedural History Ruggiero filed this action in Massachusetts Superior Court on October 9, 2013, asserting three counts against the defendants: (I) violation of the Massachusetts independent contractor law, Mass. Gen. Laws ch. 149, § 148B, by misclassifying Ruggiero as an…”
Massachusetts Delivery Ass'n v. Coakley, 671 F.3d 33 (1st Cir. 2012). · cites it 5דMass. Gen. Laws ch. 149, § 148B. 1 Subsection (a) provides that individuals performing services shall be deemed employees, unless all of the requirements outlined in the three subsections are satisfied.”
Dasilva v. Border Transfer of Ma, Inc., 296 F. Supp. 3d 389 (D.D.C. 2017). · cites it 5ד3d at 14 (citing Advisory 2008/1, Attorney General's Fair Labor and Business Division on Mass. Gen. Laws ch. 149 § 148B ) (available at Docket No.”
DaSilva v. Border Transfer of MA, Inc., 377 F. Supp. 3d 74 (D.D.C. 2019). · cites it 6ד149, § 148B ) (denying the defendant's motion for summary judgment on a misclassification claim where the plaintiffs created corporate entities only to contract with the defendant, did not perform services for any other company, and were forbidden from doing so).”
Monell v. Boston Pads, LLC, 31 N.E.3d 60 (Mass. 2015). · cites it 9דWe granted the plaintiffs’ application for direct appel- late review to determine whether the independent contractor statute, G. L. c. 149, § 148B, which makes it a violation of the statute to fail “to properly classify an individual as an employee,” applies to real estate…”
Schwann v. Fedex Ground Package Sys., Inc., 813 F.3d 429 (1st Cir. 2016). · cites it 3דThey claim that FedEx should have treated and paid them as employees in certain respects, rather than as independent contractors, because FedEx cannot satisfy all three necessary requirements under the Massachusetts Independent Contractor Statute, Mass. Gen. Laws ch. 149, §…”
Depianti v. Jan-Pro Franchising Int'l, Inc., 873 F.3d 21 (1st Cir. 2017). · cites it 5ד1 He further maintained that due to this misclassification, he was denied certain employment benefits in violation of the Massachusetts Independent Contractor Law, Mass. Gen. Laws c. 149, § 148B (“Section 148B claim”).”
Schwann v. Fedex Ground Package Sys., Inc., 813 F.3d 429 (1st Cir. 2016). “They claim that FedEx should have treated and paid them as employees in certain respects, rather than as independent contractors, because FedEx cannot satisfy all three necessary requirements under the Massachusetts Independent Contractor Statute, Mass. Gen. Laws ch. 149, §…”
Ruggiero v. Am. United Life Ins., 137 F. Supp. 3d 104 (D. Mass. 2015). “Procedural History Ruggiero filed this action in Massachusetts Superior Court on October 9, 2013, asserting three counts against the defendants: (I) violation of the Massachusetts independent contractor law, Mass. Gen. Laws ch. 149, § 148B, by misclassifying Ruggiero as an…”
Massachusetts Delivery Ass'n v. Coakley, 671 F.3d 33 (1st Cir. 2012). “Mass. Gen. Laws ch. 149, § 148B. 1 Subsection (a) provides that individuals performing services shall be deemed employees, unless all of the requirements outlined in the three subsections are satisfied.”
— Mass. Gen. Laws ch. 149, § 148B(a)(1) — 8 cases
DaSilva v. Border Transfer of MA, Inc., 377 F. Supp. 3d 74 (D.D.C. 2019). “149, § 148B ) (denying the defendant's motion for summary judgment on a misclassification claim where the plaintiffs created corporate entities only to contract with the defendant, did not perform services for any other company, and were forbidden from doing so).”
Dasilva v. Border Transfer of Ma, Inc., 296 F. Supp. 3d 389 (D.D.C. 2017). “3d at 14 (citing Advisory 2008/1, Attorney General's Fair Labor and Business Division on Mass. Gen. Laws ch. 149 § 148B ) (available at Docket No.”
Ruggiero v. Am. United Life Ins., 137 F. Supp. 3d 104 (D. Mass. 2015). “Procedural History Ruggiero filed this action in Massachusetts Superior Court on October 9, 2013, asserting three counts against the defendants: (I) violation of the Massachusetts independent contractor law, Mass. Gen. Laws ch. 149, § 148B, by misclassifying Ruggiero as an…”
Schwann v. Fedex Ground Package Sys., Inc., 813 F.3d 429 (1st Cir. 2016). “They claim that FedEx should have treated and paid them as employees in certain respects, rather than as independent contractors, because FedEx cannot satisfy all three necessary requirements under the Massachusetts Independent Contractor Statute, Mass. Gen. Laws ch. 149, §…”
Massachusetts Delivery Ass'n v. Coakley, 671 F.3d 33 (1st Cir. 2012). “Mass. Gen. Laws ch. 149, § 148B. 1 Subsection (a) provides that individuals performing services shall be deemed employees, unless all of the requirements outlined in the three subsections are satisfied.”
DaSilva v. Border Transfer of MA, Inc., 377 F. Supp. 3d 74 (D.D.C. 2019). “149, § 148B ) (denying the defendant's motion for summary judgment on a misclassification claim where the plaintiffs created corporate entities only to contract with the defendant, did not perform services for any other company, and were forbidden from doing so).”
Dasilva v. Border Transfer of Ma, Inc., 296 F. Supp. 3d 389 (D.D.C. 2017). “3d at 14 (citing Advisory 2008/1, Attorney General's Fair Labor and Business Division on Mass. Gen. Laws ch. 149 § 148B ) (available at Docket No.”
Massachusetts Delivery Ass'n v. Coakley, 671 F.3d 33 (1st Cir. 2012). “Mass. Gen. Laws ch. 149, § 148B. 1 Subsection (a) provides that individuals performing services shall be deemed employees, unless all of the requirements outlined in the three subsections are satisfied.”
Dasilva v. Border Transfer of Ma, Inc., 296 F. Supp. 3d 389 (D.D.C. 2017). “3d at 14 (citing Advisory 2008/1, Attorney General's Fair Labor and Business Division on Mass. Gen. Laws ch. 149 § 148B ) (available at Docket No.”
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