Massachusetts Court Refuses To Certify Case Involving Alleged Independent Contractor Misclassification

The United States District Court for the District of Massachusetts recently issued a case involving the straight-forward application of the Supreme Court's decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), to a class-wide independent contractor dispute.

In Magalhaes v. Lowe's Home Centers, Inc., Civil Action No. 13-10666-DJC (Mar. 10, 2014), the Lowe's home improvement chain hired independent contractors to install products sold at its stores, including countertops, roofing, flooring, and window treatments.  Each of the contractors worked under essentially the same form independent contractor agreements.

The plaintiff worked for Lowe's installing window treatments such as blinds.  He had his own business, called "Shades in Place", hired his own employees, and had two vehicles to assist in performing the installations.  He could turn down Lowe's work, and could also perform work for other customers.  He brought suit under Massachusetts