Jinks v. Credico (USA) LLC
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The Supreme Judicial Court affirmed the order of the superior court allowing summary judgment in favor of Credico (USA), LLC in this labor dispute, holding that the independent contractor statute, Mass. Gen. Laws ch. 149, 148B, does not establish the standard to determine whether an entity is that individual's joint employer for purposes of the minimum wage and overtime statutes, Mass. Gen. Laws ch. 151, 1 and 1A.
Plaintiffs were salespersons directly retained by DFW Consultants, Inc. (DFW), an entity with which Credico subcontracted to provide regional direct sales services for its national clients. Plaintiffs brought this complaint against Credico alleging that Credico was their joint employer and violated the independent contractor statutes and Massachusetts wage laws by misclassifying them as independent contractors rather than employees. The trial court granted summary judgment to Credico on the ground that Credico was not Plaintiffs' joint employer. The Supreme Court affirmed after borrowing the test applied under the Fair Labor Standards Act to determine joint employer status, holding that the record did not support Plaintiffs' contention that they had a reasonable expectation of proving that Credico exercised the type of control over their employment necessary to conclude it was their joint employer.
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