In a recent ruling, Jinks v. Credico (USA) LLC, 177 N.E.3d 509 (Mass. 2021), three individual Plaintiffs brought suit alleging that the Defendant jointly employed them with another entity.
In a recent ruling, Jinks v. Credico (USA) LLC, 177 N.E.3d 509 (Mass. 2021), three individual Plaintiffs brought suit alleging that the Defendant jointly employed them with another.
On December 13, 2021, in Jinks v. Credico LLC, the SJC held that the independent-contractor statute’s ABC test does not apply and instead adopted the Fair Labor Standards Act’s FLSA totality of the circumstances approach to joint employment.
Over the past few years, lower courts in Massachusetts have grappled with determining whether the “ABC test” under the independent-contractor statute provides the proper framework for.
The Massachusetts Supreme Judicial Court issued its decision determining that the Massachusetts Independent Contractor Statute, G.L. c. 149, § 148B is not the applicable standard to determine whether an entity is a joint employer.