In a refreshing break for business in the Bay State, two recent appellate court decisions have confirmed that legitimate independent contractor relationships are alive and well in Massachusetts. Those decisions are Patel, et...more
On September 5, 2024, the Massachusetts Supreme Judicial Court (“SJC”) answered a second certified question in Patel, et al. v. 7-Eleven, Inc., et al. (“Patel II”), a long-running case where 7-Eleven franchisees claimed they...more
9/25/2024
/ 7-Eleven ,
Employee Definition ,
Employees ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Franchise Agreements ,
Franchisee ,
Franchises ,
Hiring & Firing ,
Independent Contractors ,
MA Supreme Judicial Court
Introduction -
On July 13, 2022, the Massachusetts Appeals Court issued a decision in Tiger Home Inspection, Inc. v. Dir. of the Dep’t of Unemployment Assistance. The Appeals Court held that home inspectors were...more
Seyfarth Synopsis: On March 24, 2022, the Massachusetts Supreme Judicial Court (“SJC”) issued a much-anticipated decision in Patel, et al. v. 7-Eleven, Inc., et al. answering a certified question from the United States Court...more
Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more
Seyfarth Synopsis: The Massachusetts Supreme Judicial Court recently held that the FAAAA preempts the second prong of the Massachusetts Independent Contractor Statute as applied to certain delivery drivers. Although the...more
12/30/2016
/ Appeals ,
Delivery Drivers ,
Dismissals ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal v State Law Application ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
Preemption ,
Severability Doctrine ,
Trucking Industry