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AWUAH v. COVERALL NORTH AMERICA, INC.

SJC-10829.

460 Mass. 484 (2011)

PIUS AWUAH & others v. COVERALL NORTH AMERICA, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

August 31, 2011.

Attorney(s) appearing for the Case

Shannon Liss-Riordan (Hillary Schwab with her) for the plaintiffs.

Michael D. Vhay (Norman M. Leon, of Illinois, & Matthew Iverson with him) for the defendant.

The following submitted briefs for amici curiae:

Catherine Ruckelshaus, of New York, & Audrey R. Richardson for Brazilian Immigrant Center & others.

Eric H. Karp, Doris M. Fournier, Robert K. Sawyer, Jr., & Adam N. Lewis for International Franchise Association & others.

Martha Coakley, Attorney General, & Karla E. Zarbo, Assistant Attorney General, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, & DUFFLY, JJ.

BOTSFORD, J.

A judge of the United States District Court for the District of Massachusetts ruled in a case filed in that court that the defendant, Coverall North America, Inc., misclassified as independent contractors those plaintiffs who are Massachusetts residents. He has certified to this court questions related to calculation of damages for one such plaintiff, Anthony Graffeo. The certified questions relate to whether, under Massachusetts law, an employer may...

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