Attorney General's Advisory on the Independent Contractor Law (2008)
The need for proper classification of individuals in the workplace remains of paramount importance to the Commonwealth. Misclassification deprives individuals of the many benefits, both public and private, that employees enjoy. The Commonwealth is also harmed by misclassification in the form of lost revenue and increased costs. Furthermore, misclassification undermines fair market competition and negatively impacts the business environment in the Commonwealth. After conducting a public comment period, the Attorney General's Office has released an Advisory on the Massachusetts Independent Contractor/Misclassification Law (M.G.L. c. 149, s. 148B). The Advisory articulates the purposes of the law and provides guidance on the three prong test and other areas of the Law. In addition, the Advisory includes Enforcement Guidelines describing the areas of concern and factors which may be used by the Attorney General's Office in making a determination about enforcement.