Can independent contractors be held liable?
The general rule regarding independent contractors states that a person who hires an independent contractor cannot be held vicariously liable for the wrongdoing of the independent contractor.
Does the Civil Rights Act apply to independent contractors?
On the federal level, the protections of Title VII of the Civil Rights Act and similar federal equal opportunity laws prohibiting discrimination and harassment extend only to employees, and not independent contractors, consultants or freelancers.
How long is a contractor liable for work in Massachusetts?
Construction Defect Law and the ‘Right to Cure’
| Statute of Limitations | Right to Cure | |
|---|---|---|
| Massachusetts | 6 years for contracts 3 years for torts | No |
| Michigan | 6 years for contracts 3 years for torts 1 year for injury resulting from gross negligence | No |
| Minnesota | 2 years from discovery of injury for contracts or torts | No |
Do independent contractors get compensation?
No. Independent contractors do not receive workers’ compensation benefits. The workers’ compensation system only applies to employees. The difference is important if you are injured doing work for an employer.
Who is an independent contractor in tort law?
An independent contractor is an individual who performs or works for another individual (the principal) under an expressed or implied agreement and is one who is not under anyone’s control and is independently responsible for himself and his actions unless certain cases make the person who has hired the contractor …
Is a principal liable for actions of an independent contractor?
The independent contractor has authority only to enter into contracts authorized by the principal. Generally, principals are not liable for the tortious conduct of independent contractors.
What laws protect independent contractors?
It is important to know that independent contractors are not protected by California’s anti-discrimination laws. California’s Fair Employment and Housing Act (FEHA), however, protects independent contractors against workplace harassment. FEHA provides its own definition of an independent contractor at § 12940, subd.
Why are independent contractors not protected under Title VII?
In the absence of explicit protection, courts have found that independent contractors are not protected from non-harassment forms of discrimination. Thus, while independent contractors can bring actions for workplace sexual harassment, they cannot do so for wrongful termination based on race or sex.
How do I sue a contractor in Massachusetts?
To file a complaint against a home improvement contractor, you must fill out this form completely and submit it to the Office of Consumer Affairs and Business Regulation (“OCABR”). OCABR will review all complaints. The submission of a complaint will not automatically result in a hearing against a contractor.
What is the Massachusetts guaranty fund?
The Guaranty Fund was created as a fund of last resort for consumers who have an unpaid final judgment against a contractor. The Guaranty Fund is funded by a one-time fee that contractors are required to pay at the time of registration.
How do independent contractors compensate?
How is an independent contractor paid?
- Obtain the independent contractor’s Form W-9, Request for Taxpayer Identification Number and Certification.
- Provide compensation for work performed.
- Remit backup withholding payments to the IRS, if necessary.
- Complete Form 1099-NEC, Nonemployee Compensation.
Which statement about the termination of an independent contractor agreement is true?
Which statement about the termination of an independent contractor agreement is true? It lays out the expectations between an independent contractor and the person they are providing their services to.
What is the Massachusetts independent contractor statute?
The Federal Aviation Administration Authorization Act (“FAAAA”) preempts the second “prong of the Massachusetts Independent Contractor Statute, Mass. Gen. Laws ch. 149, § 148B (a) (2), which requires that workers perform a service “outside the usual course of the business of the employer” to be classified as independent contractors.”
What happens if an employer misclassifies an employee as an independent contractor?
Employers who misclassify employees as independent contractors may face criminal enforcement or civil penalties. You may file a wage complaint with the Attorney General’s Office if you believe that a worker is wrongly classified as independent contractors.
Where can I find information on home improvement contractors in Massachusetts?
If you are looking for information on home improvement contractors, see Law about home improvement. MGL c.149, § 148B Classification standard for independent contractors in Mass. Includes the 3 prong test:
Are gig workers employees under Massachusetts law?
Uber, Lyft, DoorDash, Instacart and a coalition of other gig companies and business groups in Massachusetts are fighting a lawsuit brought by the Massachusetts attorney genera,l Maura Healey, who is seeking to classify gig workers as employees under Massachusetts law and end what she calls the companies’ “unfair and exploitative practices”.