Labor & employment counsel Gregory Demers and associate Anna D. Smith co-authored a Massachusetts Lawyers Weekly article that explores the nuances of worker classification in two recent decisions from the Supreme Judicial Court - Patel v. 7-Eleven, Inc., 489 Mass. 356 (2022) and Jinks v. Credico (USA) LLC, 488 Mass. 691 (2021).
The authors note given the SJC’s decisions, employers in Massachusetts must consider how a patchwork of different control factors — some overlapping, some not — apply to their particular service arrangements, and analyze them under each of at least three distinct control tests. The article provides a hypothetical example to help illustrate the various approaches and outcomes to control tests.
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