Scopelitis, Garvin, Light, Hanson & Feary, P.C.


News & Analysis

The Transportation Brief®: A Quarterly Newsletter, Winter 2022 - Dispatches

  • Prasad Sharma reports the Massachusetts Supreme Judicial Court (the state’s highest court) held that the restrictive ABC test in the independent contractor statute is not appropriate for determining whether an entity is an individual’s joint employer for purposes of the Massachusetts Wage Act. Instead, the Court in Jinks v. Credico (USA) LLC held the more amenable multi-factor Fair Labor Standards Act test for joint employment examining the power to hire and fire, supervise and control, determine payment, and maintain employment records is applicable. The decision continues a trend in other jurisdictions of courts rejecting the ABC test for determining joint employment.