Today the Supreme Judicial Court held in Monell v. Boston Pads, LLC (click here to read the full decision) that real estate salespeople are independent contractors, not employees, and therefore the salespeople are not entitled to payment of wages and other employee benefits, just their commissions.
The SJC noted that there is a tension between the statutes regulating realtors and about independent contractors, but that to hold the salespeople employees would make all brokers criminals for treating their salespeople as independent contractors.
Per the SJC decision:
A Superior Court judge concluded that the independent contractor statute did not apply in these circumstances to the salespersons in this
industry. We affirm.
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