Derochers v. Staples, Inc.

McEvoy, Christine M., J.

INTRODUCTION

The Plaintiffs, ten former package delivery drivers who owned their own delivery vehicles and who worked for the defendant, Staples, Inc. (“Staples”), brought this action alleging that they were misclassified as independent contractors. They claim a violation of G.L.c. 149, §148B (Count I) and that, as a result, they are owed wages under G.L.c. 149, §148 (Count II) and overtime pay under G.L.c. 151, §1A and Massachusetts common law (Count III).2 This matter came before the court on Staples’ Motion to Dismiss pursuant to Mass.R.Civ.P. 12(b)(6).

DISCUSSION

Stapl…