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CatoFriedman t1_iz4ga3w wrote

I am an MA employment attorney. It is difficult to hire independent contractors in MA. Look up MGL c. 149 Sec 148B. In order to hire an independent contractor, you the employer must be able to prove all three of these tests:

1- free from control and direction (ex. you let them do the job as they see fit, you do not make then wear your uniform, you do not have strict set hours of work, etc)

2- the service is performed outside the usual scope of work (ex. you likely cannot be a landscaping non profit and hire an independent contractor landscaper, you likely cannot be a handyman service and hire a independent contractor handyman)

3- the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed. (Ex. The individual has a business, has workers comp insurance, has his own business name, has business insurance, and works for other clients doing the same thing).

You can open yourself up to some serious liability if you improperly hire somebody as an independent contractor. In essence, they can sue you for triple damages for the lost value they have received for being a contractor instead of an employee. As the commenter in a different post wrote, your best bet is to hire a landscaping company to perform this work. Also, this is not official legal advice. I recommend you officially consult with an attorney.

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[deleted] OP t1_iz4kyhy wrote

Thank you for this. Lots of great info.

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