All Laws Decoded

Unemployment for Self-Employed and Gig Workers in Massachusetts

Whether 1099 contractors, gig workers and the self-employed can collect unemployment in Massachusetts, and what misclassified workers can do.

Short answer: Under Massachusetts law, work done by an individual counts as employment for unemployment purposes unless it is shown that the worker (a) is free from control and direction in doing the work, (b) does the work outside the usual course of the business or outside all its places of… Mass. Gen. Laws ch. 151A, § 2

Self-employed, 1099 and gig workersUnder Massachusetts law, work done by an individual counts as employment for unemployment purposes unless it is shown that the worker (a) is free from control and direction in doing the work, (b) does the work outside the usual course of the business or outside all its places of business, and (c) is customarily engaged in an independent trade or business of the same kind. An employer's failure to withhold income taxes or pay workers' compensation premiums is not used in deciding this, and an employer that fails to treat a worker as an employee as required can be penalized.

More Massachusetts unemployment benefits

FAQ

Can self-employed or gig workers get unemployment in Massachusetts?
Under Massachusetts law, work done by an individual counts as employment for unemployment purposes unless it is shown that the worker (a) is free from control and direction in doing the work, (b) does the work outside the usual course of the business or outside all its places of business, and (c) is customarily engaged in an independent trade or business of the same kind. An employer's failure to withhold income taxes or pay workers' compensation premiums is not used in deciding this, and an employer that fails to treat a worker as an employee as required can be penalized.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.