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Employment Lawyers at Gilman Law LLP Investigate Independent Contractor Misclassification in the State of Massachusetts Following the Recent Fedex Decision
Date:8/15/2013

Boston, MA (PRWEB) August 15, 2013

Gilman Law LLP, a leading employment law firm, has launched an investigation into the employment practices of many leading companies in Massachusetts. The IRS has commenced a crackdown on employers who abuse the independent contractor classification, which employers may prefer because they do not have to pay withholding taxes or provide benefits, and such "contractors" are easier to fire.
(http://www.forbes.com/sites/robertwood/2012/11/15/new-crackdown-on-using-independent-contractors/)

One recent Massachusetts case involved Fedex, who was sued in June 2011 by 11 workers that accused the Pittsburgh-based company of categorizing them as contractors in violation of Massachusetts law and subjecting them to improper shouldering of expenses, according to their complaint. The case is titled Schwann et al v. Fedex Ground Package System, Inc. et al, Case# 1:11-cv-11094, in the U.S. District Court, District of Massachusetts.

In June 2013, U.S. District Judge Richard Stearns said the drivers duties fell within the scope of FedEx's usual course of business, and, therefore, under Massachusetts' Independent Contractor Statute, they were company employees, not outside contractors. Hence, the Judge granted the workers motion for summary judgment.
(Judge's order: (http://articles.law360.s3.amazonaws.com/0455000/455495/Schwann%20SJ%20Order.pdf)
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