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Can you summarize MGL Chapter 149, Section 148B?
LABOR AND INDUSTRIES > Persons performing service not authorized under this chapter deemed employees; exception
Short Summary
This section of the Massachusetts General Law governs the classification of individuals performing services and determines their employee status. It states that unless certain conditions are met, individuals performing any service, except as authorized under this chapter, are considered employees under the relevant chapters. The conditions for exemption include being free from control and direction in connection with the service, performing the service outside the usual course of the employer’s business, and being engaged in an independently established trade, occupation, profession, or business of the same nature. The section also clarifies that the failure to withhold taxes or pay certain contributions or premiums does not affect the determination. It further specifies the penalties for improper classification, including criminal and civil remedies, as well as debarment. The president, treasurer, officers, or agents of an entity may also be held liable for violations. Additionally, the section states that other remedies at law or in equity are not limited by this section.
Whom does it apply to?
Individuals performing services, employers
What does it govern?
Employment classification and determination of employee status
What are exemptions?
The exemptions include individuals who are free from control and direction in connection with the performance of the service, individuals performing services outside the usual course of the employer's business, and individuals who are customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed.
What are the Penalties?
Failure to properly classify an individual as an employee according to this section and in violation of other specified chapters may result in criminal and civil remedies, including debarment. Violations of chapter 152 may result in punishment as provided in section 14 of said chapter 152 and civil remedies, including debarment.
Jurisdiction
Massachusetts