Viscito v. National Planning Corp., No. 21-1081 (1st Cir. 2022)
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The First Circuit affirmed the entry of final judgment entered in favor of Defendant on Plaintiff's wage and employment misclassification claims, holding that the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, 148 (MWA), did not apply to the undisputed facts in this case.
Plaintiff, a Florida-based financial planner with a Massachusetts-based financial services company and office, sued his former broker-dealer in a Massachusetts federal district court alleging that Defendant had misclassified him as an independent contractor instead of an employee in violation of Massachusetts law. The district court concluded that Defendants were entitled to judgment as a matter of law and granted Defendants' motion in its entirety. The First Circuit affirmed, holding that the district court correctly concluded that the MWA did not apply to Plaintiff's employment relationship with Defendant.
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