Kristin McGurn and Anthony Califano Quoted in Boston Globe

“Revisions in Law May Have Altered Contractor’s Status”

Kristin McGurn and Anthony Califano were quoted in the Boston Globe’s “Job Doc” column published in the October 21, 2007 issue. Kristin and Anthony provided the response to a question posed by a person who wanted to know whether it was legal to still be an independent contractor instead of an employee of the company for whom they had worked in the same role for six years. 

Kristin notes, "In general, companies can elect to provide certain benefits for employees that are not offered to contractors. The bigger question you raise, however, is whether you really qualify as an employee and, therefore, are entitled to the same benefits and other terms that employees receive. Even though your role with the company has been the same for six years, your status may have changed in the eyes of the law."

Anthony pointed out that under Massachusetts law, a worker is presumed an employee unless very specific criteria are met, including: (1) the worker is free from control and direction in the performance of his services; and (2) the service is performed outside the usual course of the company’s business; and (3) the worker is customarily engaged in an independently established business. In addition, Kristin notes, “Some additional factors that might be considered to determine whether you truly are an independent contractor include whether you set your own schedule; you provide your own tools and equipment; you cannot be terminated at-will or without cause; you are free to hire and fire employees or subcontractors to perform your work; you have the ability to negotiate the terms and price of your work; you advertise your services and hold yourself out to the public as ready and willing to perform services; you render services to the company for a relatively short period of time; and you regularly perform services for other companies."