The ABCs of Independent Contractors

Labor, Employment and Benefits Breakfast

Wednesday, December 4, 2019

8–8:30AM Registration and Breakfast
8:30–10AM Panel Discussion and Q&A

155 Seaport Blvd
Boston, MA 02210


California has passed legislation implementing the so-called “ABC” test for determining whether someone is an employee or independent contractor.

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.

Topics will include:

  • New California ABC law
  • Existing Massachusetts ABC law and legal developments since enactment
  • Tax and benefit implications
  • Business implications (especially for startup companies)
  • Use of equity plans
  • Effects of new leave laws (i.e., PFML), noncompete laws, Affordable Care Act, and Massachusetts health laws, among others
  • Means of ensuring compliance/minimizing risk