Mass. Court Favors Employee In Classification Suit

Law360, New York (August 25, 2009, 5:13 PM EDT) -- In a suit involving a software company, Massachusetts' highest court has ruled that an employee misclassified as an independent contractor can seek damages from an employer even if the employer can show that the employee would have been paid less if properly classified.

Justice Ralph D. Gants of the Supreme Judicial Court of Massachusetts ruled Friday that a lower state court was wrong to rule that even if former Converged Access Inc. contractor Robert Somers was misclassified as an independent contractor, he couldn't recover overtime and...
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