Special Report on
Massachusetts Independent Contractor Law
After several extensions and revisions over the course of 2009, Massachusetts will begin enforcing the March 1, 2010 compliance deadline for its regulations aimed at curbing identity theft�201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth. The regulations contain standards for how personal information of Massachusetts residents must be protected and can be found here. In short, if you own, license, store, maintain or otherwise receive personal information of Massachusetts residents in connection with your business, the time is long overdue to review your information security ...
Massachusetts Independent Contractor Law - Trends
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" (indicating that the lance is not sworn to any lord's services, not that the lance is available free of charge). It changed to a figurative noun around the 1860s and was recognized as a verb in 1903 by authorities in etymology such as the Oxford English Dictionary . Only in modern times has the term morphed from a noun (a freelance) into an adjective (a freelance journalist), a verb (a journalist who freelances) and an adverb (she worked freelance), as well as into the noun "freelancer." Author and poet Ernest William Hornung (1866–1921) used the term in "The Gift of the Emperor" to describe ...
A recent ruling was the first to apply the Massachusetts Independent Contractor Law to franchisees. Under Massachusetts law, workers must pass a stringent three-part test in order to qualify as independent contractors; failure to properly classify workers may lead to a triple damages award against the employer. What you need to do: Massachusetts companies with franchisees should familiarize themselves with the requirements of the Independent Contractor Law and consult with counsel to assess their current arrangements with franchisees to ensure that individuals are properly classified. The ... Read More
REVIEWS AND OPINIONS
(pdf) that has sent a chill through the franchisor community. The issue? Can franchisees be classified as employees instead of independent business owners? If so, what will be the consequences to franchisors? Although this matter has cropped up before, a recent decision by a Massachusetts federal judge has again brought the notion to light. In his decision, Honorable Judge William G. Young likened business format franchising to a “modified Ponzi scheme,” ruling that a franchisor is the “employer” of its Massachusetts franchisees. Arthur Pressman, Nixon Peabody partner, said that the judge’s ... market research, surveys and trends
Lisa Kleinholz had been working as a freelance writer and book indexer in Massachusetts for more than 21 years when one of her big publishing clients told her that by contracting with her, the company might be breaking a Bay State law. So Kleinholz did the only thing she could think of: She moved her office from Amherst across the state line to Keene, N.H., so that her client no longer had to worry about violating the law, which stipulates that an independent contractor — or freelancer — must perform duties that are “outside the usual course of the business of the employer.’’ “I am ... market research, surveys and trends
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MASSACHUSETTS INDEPENDENT CONTRACTOR LAW
Lisa Kleinholz had been working as a freelance writer and book indexer in Massachusetts for more than 21 years when one of her big publishing clients told her that by contracting with her, the company might be breaking a Bay State law. So Kleinholz did the only thing she could think of: She moved her office from Amherst across the state line to Keene, N.H., so that her client no longer had to worry about violating the law, which stipulates that an independent contractor — or freelancer — must perform duties that are “outside the usual course of the business of the employer.’’ “I am absolutely ... industry trends, business articles and survey research
has been elected President of the Boston American Inn of Court for 2010-2011. The Boston Inn is comprised of judges, attorneys and law students and is dedicated to legal education, civility in the bar, and excellence in practice. Christopher Kenney is a founding member of this Chapter of the American Inns of Court and a former President of the Chapter. Kenney & Sams Obtains Defense Verdict on Behalf of Massport Michael Sams was elected to the Northeastern University School of Law Alumni Board of Directors. He also currently serves as co-President of the Alumni Association’s Massachusetts Chapter. Chris Kenney ... industry trends, business articles and survey research
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, James William Bilderback II and David Zarmi, Deputy Attorneys General, for Plaintiff and Respondent. ASHMANN-GERST, J. This case is before us on remand from the California Supreme Court. Pursuant to the Court's instructions, we are to vacate our previous opinion in this case and reconsider the cause in light of Melendez-Diaz v. Massachusetts (2009) 557 U.S. ___, [129 S.Ct. 2527] ( Melendez-Diaz ). [ 1 ] ( Cal.Rules of Court, rule 8.528(d).) After supplemental briefing, the matter was ... market trends, news research and surveys resources
Editor’s note: For years, business owners, employees and state officials have been wrestling with workers’ compensation costs in Montana. Changes to the system are expected to be proposed for the next legislative session in a plan that supporters hope will bring relief. By Phil Drake Gary Hertz, president of Moody’s Market Inc. in Polson, has five grocery stores in Montana and one in Idaho. In eight years he says he has seen his workers’ compensation costs rise for his 240 employees from $100,000 to $400,000. Noting that Montana ranks second nationwide for the highest workers’ compensation costs, he said: “Obviously we’re doing ... market trends, news research and surveys resources
148B, the Massachusetts Independent Contractor Law or the Massachusetts Misclassification Law (the. “Law”). This Advisory provides guidance with respect to ... technology research, surveys study and trend statistics
An Advisory from the Attorney General. Chapter 193 of the Acts of 2004. Amendments to Massachusetts. Independent Contractor Law, M.G.L. c. 149 sec. 148 ... technology research, surveys study and trend statistics
MASSACHUSETTS INDEPENDENT CONTRACTOR LAW
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Santa Monica Council Meeting
House Session 2010-04-15 (18:26:35-19 ...
- Preventing and Managing Independent Contractor Risks
- Misclassification Initiatives: How Can Employers Be Prepared; Next ...
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QUESTIONS AND ANSWERS
An independent contractor carrying thousands of dollars of food in a freezer for a food processing company was pulled over at a police checkpoint in Massachusetts on his way from New Jersey. He was pulled over on suspicion of transporting drugs. His truck was searched and, in the course of the search, was damaged such that it had to be towed back to New Jersey. The food he was carrying was taken out of the freezer in which it was contained. After an 8 hour ordeal, during which numerous K-9 units were used and threats of lifetime imprisonment were uttered by the police, the thousands of dollars worth of food the contractor was ...
I have a new web marketing company in Massachusetts. We sell advertising on our website. I am considering part-time commission only salespeople to visit local businesses and pay them a generous commission on sales they bring in, treating them as 1099 independent contractors. What are the employee related tax issues to consider? Are there insurance issues? My hope is that you can direct me to an appropriate resource. Answer You first have to determine if they are employees or independent contractors. If they are employees than they are treated as such for benefits. If they are independent contractors than they are not.