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Article Excerpt
On August 21, 2009, the Massachusetts Supreme Judicial Court held in Somers v. Converged Access, Inc. that an employee who has been misclassified as an independent contractor is entitled to damages under the Massachusetts Wage Statute, M.G.L. ch. 149 s.s. 148, 148B, and 150, despite that the amount of money the worker received as an independent contractor was more than what he would have received had he been correctly classified as an employee. The Court rejected this purported defense, explaining that an individual who is misclassified is entitled to overtime and other lost wages at the rate he was paid as an independent contractor.
In 2004 and 2005, Robert Somers twice applied for permanent employment with Converged Access, Inc....
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