Massachusetts Memo - Using Self-Employed Independent Contractors
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FAQ
Contractors do not fall under most general employment legislation such as the ERA and the Holidays Act 2003, meaning they do not need to have a written employment agreement, and are not entitled to minimum wage or other employment entitlements, such as paid statutory holidays or sick leave.
During President Donald Trump's administration, the DOL issued a final rule clarifying when workers are independent contractors versus employees. The rule applied an economic-reality test that primarily considers whether the worker operates his or her own business or is economically dependent on the hiring entity.
On Monday, April 20, 2020, Massachusetts became one of the first states to begin providing unemployment benefits to gig workers, self-employed individuals, independent contractors, freelancers, and others not traditionally covered by unemployment compensation laws.
A 1099 employee is a US self-employed worker that reports their income to the IRS on a 1099 tax form. Freelancers, gig workers, and independent contractors are all considered 1099 employees. In contrast, actual company employees are considered W-2 employees.
The most common contractor payroll form is the 1099-MISC, which you're required to file if you pay a contractor more than $600 in a year. This can be a chore for the small business owner, as it means manually sending each contractor you hire their respective 1099.
If a person is truly an independent contractor (meaning they meet all three elements of the three part test), then the wage and hour laws are not applicable. This includes minimum wage, overtime, and rules for the timely payment of wages under the Massachusetts Wage Act.
Becoming an independent contractor is one of the many ways to be classified as self-employed. By definition, an independent contractor provides work or services on a contractual basis, whereas, self-employment is simply the act of earning money without operating within an employee-employer relationship.
An independent contractor is not an employee; therefore, he's not paid through the payroll. As a small-business owner with both employees and independent contractors, it is important that you know the differences between the two.
Some general protections provided under the Fair Work Act 2009 extend to independent contractors and their principals. Independent contractors and principals are afforded limited workplace rights, and the right to engage in certain industrial activities.
If you work for an employer, you're an employee. If you're self-employed, you're an independent contractor.
