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HR Series: Independent Contractors and Treble Damages Laws
from Smaller Business Association of New England (SBANE)
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Tuesday, September 16, 2008, 7:30am - 10:00am
In 2004, Massachusetts amended its Independent Contractor Law to modify the test to determine whether a worker is an employee or an independent contractor and to increase penalties for employers who misclassify employees as independent contractors. In addition, effective July 13, 2008, treble damages are now mandatory for Massachusetts wage and hour law violations (including the Independent Contractor Law), so the risks for employers have never been greater.
After the law was amended, the state Attorney General's Office and the Department of Revenue issued guidance on the effect of the revised law. Governor Patrick and Attorney General Martha Coakley have prioritized enforcement of the independent contractor law and are dedicating new resources to enforcement activities, and estimate that enforcement will generate $30 million in revenue for the Commonwealth through increased tax payments and fines.
This informational session will help you understand this law and its implications for employers.
Speakers:
Robert M. Shea
Bob is a shareholder of Morse, Barnes-Brown, Pendleton, P.C. in Waltham, MA, where he counsels businesses in all areas of employment and labor law. He represents clients in employment litigation before federal and state agencies and courts. Bob graduated from Boston College and received his law degree from George Washington University National Law Center. Before joining Morse, Barnes-Brown & Pendleton, Bob was a partner in the Boston office of Nixon Peabody LLP. He is a past co-chair of the Boston Bar Association's Labor and Employment Law Section. Bob is also a member of SBANE's Board of Directors and serves on SBANE's HR Committee.
David B. Wilson
Dave is a Partner with Robinson & Cole LLP in Boston, MA, where he litigates employment, real estate, maritime, and general commercial disputes in the state and federal courts of Massachusetts and New Hampshire. Mr. Wilson also focuses on employer counseling and training in all areas of employment relations law. He is a frequent speaker on employment topics before law and business groups. He represents employers in related administrative proceedings before federal and state agencies on matters ranging from wrongful termination, sexual harassment, and discrimination to wage and hour disputes. Mr. Wilson received his B.A. from Amherst College and his J.D. from Northeastern University School of Law. He is also a member of SBANE's Human Resources Committee.
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