Massachusetts General Laws

Mass. Gen. Laws ch. 151A, § 2 (2026)

Service deemed ''employment''; exclusions

✓ current as of July 2026

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Section 2. Service performed by an individual, except in such cases as the context of this chapter otherwise requires, shall be deemed to be employment subject to this chapter irrespective of whether the common-law relationship of master and servant exists, unless and until it is shown to the satisfaction of the commissioner that—

(a) such individual has been and will continue to be free from control and direction in connection with the performance of such services, both under his contract for the performance of service and in fact; and

(b) such service is performed either outside the usual course of the business for which the service is performed or is performed outside of all the places of business of the enterprise for which the service is performed; and

(c) such individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.

The failure to withhold federal or state income taxes or to pay workers compensation premiums with respect to an individual's wages shall not be used for the purposes of making a determination under this section. An individual's exercise of the option to purchase insurance as permitted by subsection (4) of section 1 of chapter 152 shall not be used for purposes of making a determination under this section.

Whoever fails to treat an individual as an employee according to this chapter shall be punished as provided in section 47. Nothing in this section shall limit the availability of other remedies at law or in equity.

Notes of Decisions

Cited in 26 cases (3 in the last 5 years), 1967–2024 · leading case: Coverall North Am., Inc. v. Comm'r of the Div. of Unemployment Assistance, 857 N.E.2d 1083 (Mass. 2006).

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Coverall North Am., Inc. v. Comm'r of the Div. of Unemployment Assistance, 857 N.E.2d 1083 (Mass. 2006). · cites it 3× “A District Court judge affirmed the decision of the division of unemployment assistance (division) that the claimant 2 was an employee within the meaning of G. L. c. 151A, § 2, thus requiring Coverall North America, Inc.”

Ives Camargo's Case., 96 N.E.3d 673 (Mass. 2018). · cites it 3× “152, § 1, provides a definition of an employee for workers' compensation claims, and the department uses the MacTavish - Whitman factors to determine employment status. General Laws c.”

Carey v. GateHouse Media Massachusetts I, Inc., 94 N.E.3d 420 (Mass. App. Ct. 2018). · cites it 2× “6 After an additional sixteen months of motion practice over individual damages, prejudgment interest, and class certification, the parties moved for, and in November, 2015, the judge ordered, entry of a separate and *424 final judgment, under Mass.”

Tiger Home Inspection, Inc. v. Dir. of the Dep't of Unemployment Assistance., 101 Mass. App. Ct. 373 (Mass. App. Ct. 2022). · cites it 4× “See G. L. c. 151A, §§ 2 (a)-(c), 12. Thereafter, the case traveled through more than a decade of proceedings including four evidentiary hearings before two different DUA review examiners, three appeals to the DUA board of review (board), two remands, and three judicial reviews…”

Dasilva v. Border Transfer of Ma, Inc., 296 F. Supp. 3d 389 (D.D.C. 2017). “2d 365 (2003), the Supreme Judicial Court ("SJC") considered identical language from the third prong of the independent contractor definition under the unemployment compensation benefits statute, Mass. Gen. Laws ch. 151A, § 2. The SJC wrote: "The better approach to the…”

Athol Daily News v. Bd. of Review of the Div. of Emp. & Training, 786 N.E.2d 365 (Mass. 2003). “The business thus was virtually indistinguishable from the services performed by the bicycle couriers themselves. See id. at 483 (“without delivery drivers .”

Machado v. System4 LLC, 24 Wage & Hour Cas.2d (BNA) 1617 (Mass. 2015). “, Subcontracting Concepts, Inc, supra at 647-648 (looking to plain terms of employment contract to assess contention that entity was not “employing unit” and did not require worker to submit to control or direction); Rogers vs.”

Weinberg v. Grand Circle Travel, LCC, 891 F. Supp. 2d 228 (D. Mass. 2012). “See Mass. Gen. Laws ch. 151A, § 2; College News Serv.”

Boston Bicycle Couriers, Inc. v. Deputy Dir. of the Div. of Emp. & Training, 778 N.E.2d 964 (Mass. App. Ct. 2002). “G. L. c. 151A, § 2. *479 To meet its burden of proof under § 2(c) that DiMare, as one of its drivers, was “customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed,” BBC was…”

Silva v. Dir. of the Div. of Emp. Sec., 499 N.E.2d 1205 (Mass. 1986). · cites it 3× “Silva, was an employer within the meaning of G. L. c. 151A, § 2, 2 *610 and that the services performed by one Gilbert Pacheco on the boat owned by the plaintiff constituted employment.”

Subcontracting Concepts, Inc. v. Comm'r of the Div. of Unemployment Assistance, 19 N.E.3d 464 (Mass. App. Ct. 2014). “G. L. c. 151A, § 2. In order to meet its burden of proof, SCI must demonstrate that each one of the three statutory criteria is applicable to the services performed by Flynn.”

Driscoll v. Worcester Telegram & Gazette, 893 N.E.2d 1239 (Mass. App. Ct. 2008). “However, the statute explicitly provides that “[t]he failure to withhold federal or state income taxes or to pay workers compensation premiums with respect to an individual’s wages shall not be used for the purposes of making a determina *717 tion under this section.”

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