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August 2022: Massachusetts Appeals Court Says Home Inspectors Were Independent Contractors and Not Employees

17 Aug

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Update Applicable to:
All employers that utilize independent contractors in the state of Massachusetts.

What happened?
On July 13, 2022, the Massachusetts Appeals Court issued a decision in Tiger Home Inspection, Inc. v. Dir. of the Department of Unemployment Assistance. The Appeals Court held that home inspectors were classified properly as independent contractors under the state Unemployment Insurance (“UI”) law.

What are the details?
The Appeals Court reversed both a state agency and a lower court that found the home inspectors at issue were misclassified employees. 

The UI standard for independent contractor classification varies from the standards applicable under Massachusetts wage and hour law and other laws, but the standards overlap.  Accordingly, the decision offers broad and important insight regarding independent contractor classification in the Bay State.

For more information, please see the links below:

Tiger Home Inspection, Inc. v. Dir. of the Department of Unemployment Assistance

What do employers need to do?
Employers should review the links provided above and ensure that any workers they have are classified correctly.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Massachusetts PEO services can help you navigate complex employment laws and keep your business compliant.


This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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