While this news has been widely reported over the past few months, the fact is that Massachusetts has been applying the ABC test for more than a decade. Over that time there have been several legal developments in applying the test, though many questions still remain. Further, there have been other statutes and laws passed in recent years – such as the Paid Family and Medical Leave (PFML) and the Noncompetition Act – that affect the independent contractor analysis. We will discuss these legal developments, open questions, and other implications with regard to the classification of independent contractors and employees.
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