Navigation Links
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)
(complaint: https://www.law360.com/dockets/download/4dfbb97250494d557e000001?doc_url=https%3A%2F%2Fecf.mad.uscourts.gov%2Fdoc1%2F09514350456&label=Case+Filing p. 1)

The Internal Revenue Service (IRS), Department of Labor (DOL), and state governments are now swapping information in an effort to stop improper employee classification. A U.S. Government Accountability Office (GAO) report (August 2009) claims the IRS is losing billions of dollars, while a DOL study from June 2010 says that up to 30% of employers misclassify workers. According to the GAO, [W]"orker misclassification" actually describes workers being illegally deprived of labor and employment law protections, as well as public benefits programs like unemployment insurance and workers' compensation because such programs generally apply only to "employees" rather than workers in general." The problems impact us all, as when the misclassified workers themselves do not pay some or all of the employment taxes for self-employed workers, the Social Security trust funds suffer a permanent loss.
(http://www.gao.gov/new.items/d09717.pdf at page 2)
(http://www.dol.gov/_sec/newsletter/2010/20100617-2.htm paragraph 2)

According to Gilman Law LLP, it can be difficult for a worker to determine if their classification as an independent contractor is proper. The Department of Labor states that an independent contractor has control of how and when they will work, and has the right to work for more than one client. An employee, as distinguished from an independent contractor who is engaged in a business of his own, is one who "follows the usual path of an employee" and is dependent on the business that he serves.
(http://www.dol.gov/elaws/esa/flsa/scope/ee14.asp)

The employment lawyers at Gilman Law LLP are available now to evaluate your case if you feel that you are a victim of independent contractor misclassification in Massachusetts. For a free employment lawsuit consultation, please contact Gilman Law LLP today at 1-877-428-7374.

About Gilman Law LLP
Gilman Law LLP, a leading employment, consumer products, pharmaceutical, and defective medical device law firm, has been recognized for delivering successful results to their clients across a broad range of claims stemming from consumer product injury, mass tort, and class action lawsuits. For over 33 years, the Gilman Law LLP team of highly experienced lawyers has earned renown for tireless work on behalf of their clients on many of today’s most challenging and important legal issues.

Gilman Law LLP
Beachway Professional Center Tower
8951 Bonita Beach Rd
Suite 202
Bonita Springs, FL 34135
(239) 221-8301

Read the full story at http://www.prweb.com/releases/2013/8/prweb11013679.htm.


'/>"/>
Source: PRWeb
Copyright©2012 Vocus, Inc.
All rights reserved

Related medicine news :

1. University Researcher, International Assistance Dog Week Founder Announce Partnership to Increase Employment for People with Disabilities Partnered with Assistance Dogs
2. Akerman Senterfitt Adds Team of Labor and Employment Lawyers to New York Office
3. Kessler Foundations Elaine Katz presents at national summit on disability employment
4. EmploymentCrossing.com Finds 2.19 Million Job Openings as Jobless Claims Fall More than Expected
5. Hound.com Finds Jobs in South Atlantic and South West Central Regions Mirroring Current Employment Trends
6. The Lap Band Surgery Center: Lap Band Surgery May Improve Employment Prospects
7. Find Out Why Online Job Applications are Killing Employment Chances with a Complimentary Webinar on May 14th from Career Confidential
8. Veteransmovinghelp.com Launches Major Offensive in War Against Unemployment
9. Unemployment Rate for People with Disabilities Climbs in First Quarter, Allsup Reports
10. Childhood Meningitis Tied to Reduced Education, Employment Prospects
11. EmploymentCrossing.com Backs Latest JOLTS Report of Increasing Job Openings Across America
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:1/24/2017)... Santa Rosa, California (PRWEB) , ... January 24, 2017 , ... ... named Cary McNamara as chief financial officer. , “Cary’s broad financial ... individual who possesses both the strategic planning and day-to-day financial operations skills we need ...
(Date:1/24/2017)... ... January 24, 2017 , ... The Cruise Web ... as part of the line’s 4th Annual MSC True Partnerships’ Awards. , ... American travel partners for the year based on overall business growth in revenue and ...
(Date:1/24/2017)... Baltimore, MD (PRWEB) , ... January 24, 2017 ... ... applicants to advance to the semi-final round of the 2017 Cupid's Cup Entrepreneurship ... competition celebrates its 12th year in 2017. The entrepreneurs will showcase their businesses ...
(Date:1/24/2017)... ... January 24, 2017 , ... West’s Health ... annual Solutions Series of webinars will start January 31 with a session about ... of current health and benefits topics, including employee engagement, pricing transparency, population health ...
(Date:1/24/2017)... ... , ... His message has been heard by more than 100,000 students and ... , Joel Feldman, has reached his biggest national audience yet: the three million daily ... newspapers in circulation in the country, and he hopes it will help spread his ...
Breaking Medicine News(10 mins):
(Date:1/24/2017)... SEATTLE , Jan. 24, 2017  CTI BioPharma ... that Michael A. Metzger has been appointed ... experience leading and growing companies in the biopharmaceutical industry ... pleased to welcome Michael to the Board of CTI ... CEO of CTI BioPharma. "Michael is an accomplished leader ...
(Date:1/24/2017)... 24, 2017 When tragedy strikes, victims often can,t communicate, ... conditions they have, and who back home is wondering about them. ... informed about the safety of their family and friends, while helping ... in times of crisis. ... If you find yourself or your family in one of ...
(Date:1/24/2017)... 24, 2017 Trifecta Clinical , a ... appointing Rick Ward to Vice President of ... is also announcing the promotion of Ericka Atkinson ... Rick joins Trifecta from Greenphire where he ... senior business development positions within the healthcare industry throughout ...
Breaking Medicine Technology: