Credico USA, LLC (“Credico”), a client broker for independent direct marketing companies, contracted with DFW Consultants, Inc. (“DFW”) for DFW to provide regional door-to-door sales services. DFW in turn hired Kyana Jinks, Antwione Taylor, and Lee Tremblay as salespersons to work on various marketing campaigns for Credico’s telecommunications and energy clients. DFW classified Jinks and Taylor as independent contractors and Tremblay as an employee.
In June 2019, Jinks, Taylor, and Tremblay filed suit against Credico alleging that Credico, as Plaintiffs’ joint employer with DFW, violated Massachusetts law by misclassifying Jinks and Taylor as independent contractors. Tremblay’s claim was limited to one of an employment relationship with Credico because there was no dispute about his relationship with DFW. Additionally, each Plaintiff alleged that Credico was their employer, too, and violated Massachusetts law by failing to pay them minimum wage and overtime. The trial court granted summary judgment for Credico holding it was not the Plaintiffs’ joint employer with DFW. The Plaintiffs appealed.
On appeal, the Plaintiffs urged the court to apply the “ABC” test from Massachusetts’ independent contractor statute and find that Credico was a joint employer. Under the test, an employment relationship is presumed unless the alleged employer can prove the worker satisfies all three parts of the test: 1) the individual is free from control and direction in...
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