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Independent Contractor Misclassification
We have brought many cases representing groups of employees who allege they have been misclassified as independent contractors, in Massachusetts and around the country. When companies misclassify their workers as independent contractors, these employees are often deprived of many benefits including overtime pay, vacation pay, health insurance, employer-sponsored retirement plans, and expense reimbursements. Misclassified employees also do not receive unemployment and workers' compensation benefits to which they are entitled. Companies that misclassify employees as independent contractors save these significant costs and also do not pay the employers’ share of employment taxes. We have won a number of important victories applying the Massachusetts Independent Contractor Law. The courts have granted our motions for summary judgment, ruling that workers were misclassified as independent contractors in cases we have brought on behalf of package delivery drivers, an oil delivery driver, exotic dancers, and cleaning workers. We have also brought many cases representing cable installers who have been misclassified as independent contractors. In April of 2013 we obtained a ruling granting class certification in a case against cable installment company Gab Telecom, Inc. Current and former workers of Gab Telecom, Inc. have the right to join this case to challenge their misclassification and recover unpaid overtime. If you, or anyone you know has worked for Gab Telecom, Inc., please contact us immediately. In another significant ruling we obtained, Somers v. CAI, the Massachusetts Supreme Judicial Court held that an employer that misclassifies an employee as an independent contractor cannot defend itself by claiming that it paid the misclassified independent contractor more than it would have paid had the individual properly been classified as an employee. In the first case of its kind in Massachusetts, we have obtained a court ruling that exotic dancers were misclassified as independent contractors. The judge certified the case as a class action and granted summary judgment to the plaintiffs. The Boston Globe editorial page praised this victory for workers who had been “stripped by the boss”. Also, in the first decision of its kind, we obtained a court ruling that cleaning workers who had purchased “franchises” from a cleaning franchise company, Coverall North America, were misclassified as independent contractors. In 2011, the Massachusetts Supreme Judicial Court ruled that the “franchise fees” paid by these workers, as well as other payments, are illegal, since it violates Massachusetts public policy to sell a job to a worker. Read about our other cases challenging cleaning franchising companies with misclassification of workers and unfair and deceptive business practices. We have obtained classwide settlements in cases against such companies as Express Courier, Eastern Connection, and Publishers Circulation Fulfillment (PCF). Some of the companies we are now litigating independent contractor misclassification cases against include FedEx, 3PD, Lasership, and the Training Associates. Click here for more information on our FedEx cases. We have recently filed a case against the City of Boston and several cab companies on behalf of Boston cab drivers, alleging that they have been misclassified as independent contractors and have been subjected to egregious wage violations. For a copy of the complaint, click here. For more information or if you think you may be a misclassified employee please contact Scott Simpson at ssimpson@llrlaw.com. For some of our independent contractor misclassification cases in the news, see the links below: Strippers subjected to discriminatory practices US law doesn't trump truckers' wage claims, Judge says Strippers vs. clubs in fight over labor rights New ruling on benefits for exotic dancers Bimbo unit to pay $3.5M to settle drivers' benefits suit Organized labor's newest heroes: Strippers Another lawsuit filed on wage issues of cab drivers FedEx drivers awarded class cert. in misclassification suit Shannon Liss-Riordan on cab drivers lawsuit (Audio) Boston cab drivers sue over low pay (Video) Citing high costs, 2 Boston cab drivers file suit Medallion system shackles cabbies Boston cabdrivers sue city and fleet owners Boston cabbies rev up misclassification action Exotic dancers score class cert. in FLSA action Contractor law leaves lawmakers juggling job, benefit concerns Exotic dancers stripped of their rights are leading the fight to save class-action suits Stripper FLSA suit raises new arbitration issues: Judge Stripper 'Consultant' strikes back against boss Exotic dancers claim clubs break labor laws by not paying wages Cable guys hit BroadBand with wage action Freelancing beats the alternative for many U.S. cracks down on 'Contractors' as a tax dodge Contractors feeling used, abused More strippers file lawsuits
Mass. court favors employee in classification suit Strippers come out on top in misclassification action Amended suit charges TripAdvisor with retaliation Independent contractor decision has lawyers wary Court says newspaper carrier can keep jobless benefits Ex-editor challenges TripAdvisor labor policies
Delivery Drivers Sue Boss We are also challenging several cleaning companies for deceptive business practices and misclassification of cleaning workers as independent contractors. For more information on those cases, click here. |
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