Joint Employer Lessons From Mass. Contractor Test Ruling

On Dec. 13, 2021, Massachusetts' highest court held that the multifactor standard of the Fair Labor Standards Act, and not the Massachusetts independent contractor law's so-called ABC test, determines joint employer status under state law.

This decision brings welcome relief for businesses that now have meaningful guidance for structuring their relationships with contractors, service providers and vendors, and limiting their exposure to employment laws in Massachusetts.

Background

In Jinks v. Credico USA LLC,¹ Credico, a client broker for independent direct marketing companies, contracted with DFW Consultants Inc. to provide sales and marketing services, including door-to-door and face-to-face sales services, for Credico's nationwide clients.