In Massachusetts, most people who work or provide services are considered employees under the law. This means they have rights to minimum wage, overtime, and other protections.
The Attorney General’s Office has contacted the Massachusetts Dental Society because they are concerned that dental staff members are being misclassified by some offices as contractors (1090s) when they should be classified as W2 employees. The Dental Practice and Benefits Committee reminds all dental practice owners that dental office staff (even temporary help) must be classified as employees. This applies regardless of the number of hours or days dental staff members work. Some temporary agencies may be supplying dentists with misleading information. It is the responsibility of the dental practice owner to classify staff appropriately.
Employers who misclassify employees as independent contractors may face criminal enforcement or civil penalties. Staff members who believe they are misclassified may file a wage complaint with the Attorney General’s Office.
If you have any questions, contact the Attorney General’s Fair Labor Division Hotline at (617) 727-3465.