# Mass. Gen. Laws ch. 151A, sec. 2: Service deemed ''employment''; exclusions > Massachusetts · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S2 ## Section - **Citation:** Mass. Gen. Laws ch. 151A, sec. 2 - **Heading:** Service deemed ''employment''; exclusions - **Jurisdiction:** Massachusetts - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MA Code / Part I / Title XXI / Chapter 151A / Section 2 ## Text Section 2. Service performed by an individual, except in such cases as the context of this chapter otherwise requires, shall be deemed to be employment subject to this chapter irrespective of whether the common-law relationship of master and servant exists, unless and until it is shown to the satisfaction of the commissioner that— (a) such individual has been and will continue to be free from control and direction in connection with the performance of such services, both under his contract for the performance of service and in fact; and (b) such service is performed either outside the usual course of the business for which the service is performed or is performed outside of all the places of business of the enterprise for which the service is performed; and (c) such individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed. The failure to withhold federal or state income taxes or to pay workers compensation premiums with respect to an individual's wages shall not be used for the purposes of making a determination under this section. An individual's exercise of the option to purchase insurance as permitted by subsection (4) of section 1 of chapter 152 shall not be used for purposes of making a determination under this section. Whoever fails to treat an individual as an employee according to this chapter shall be punished as provided in section 47. Nothing in this section shall limit the availability of other remedies at law or in equity. Section 2. Service performed by an individual, except in such cases as the context of this chapter otherwise requires, shall be deemed to be employment subject to this chapter irrespective of whether the common-law relationship of master and servant exists, unless and until it is shown to the satisfaction of the commissioner that— (a) such individual has been and will continue to be free from control and direction in connection with the performance of such services, both under his contract for the performance of service and in fact; and (b) such service is performed either outside the usual course of the business for which the service is performed or is performed outside of all the places of business of the enterprise for which the service is performed; and (c) such individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed. The failure to withhold federal or state income taxes or to pay workers compensation premiums with respect to an individual's wages shall not be used for the purposes of making a determination under this section. An individual's exercise of the option to purchase insurance as permitted by subsection (4) of section 1 of chapter 152 shall not be used for purposes of making a determination under this section. Whoever fails to treat an individual as an employee according to this chapter shall be punished as provided in section 47. Nothing in this section shall limit the availability of other remedies at law or in equity. ## Nearby sections - [Mass. Gen. Laws ch. 151A, sec. 1 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S1.md) - [Mass. Gen. Laws ch. 151A, sec. 2 Service deemed ''employment''; exclusions](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S2.md) - [Mass. Gen. Laws ch. 151A, sec. 3 Service within and without commonwealth included in ''employment''](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S3.md) - [Mass. Gen. Laws ch. 151A, sec. 4A Service included in employment; American employer; state](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S4A.md) - [Mass. Gen. Laws ch. 151A, sec. 5 Services under arrangements with agencies of other states and federal government included in ''employment''](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S5.md) - [Mass. Gen. Laws ch. 151A, sec. 6 Service not included in ''employment''](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S6.md) - [Mass. Gen. Laws ch. 151A, sec. 6A Other service not included in ''employment''](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S6A.md) - [Mass. Gen. Laws ch. 151A, sec. 8 Employing units subject to statute](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S8.md) - [Mass. Gen. Laws ch. 151A, sec. 8A Other employing units subject to statute](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S8A.md) - [Mass. Gen. Laws ch. 151A, sec. 8B Domestic service and agricultural labor; employer](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S8B.md) - [Mass. Gen. Laws ch. 151A, sec. 8C Crew leaders; definition; employees of crew leaders](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S8C.md) - [Mass. Gen. Laws ch. 151A, sec. 9 Individuals employed by unit in several places](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S9.md) - [Mass. Gen. Laws ch. 151A, sec. 11 Ceasing to be subject to statute on application](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S11.md) - [Mass. Gen. Laws ch. 151A, sec. 12 Determination whether employer within statute; review; double costs; reconsideration](https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S12.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MA_PI_TXXI_C151A_S2. Check the current official text before relying on it. Not legal advice.