In Client News

CLDA LogoBoston, MA, Oct 23, 2013 — A Massachusetts trade association has vowed to continue its legal battle to use independent contractors despite a recent adverse ruling by the U.S. District Court for the District of Massachusetts.

The Massachusetts Delivery Association (MDA) represents 50 customized logistics and delivery companies in the Commonwealth.  The recent ruling challenges their ability to use independent contractors to meet fluctuating customer demands for on-demand deliveries.

“This ruling would, in effect, force many of our members to engage all of their workers as employees, rather than as independent contractors.  This would have a severe impact on our labor costs and force many of our members to either increase their prices to consumers or go out of business,” says MDA President Aaron J. Driben.  “The ruling also shows a complete lack of understanding of not only what we do, but how we do it.  We are confident that when we appeal this decision to First Circuit Court of Appeals they will consider both the facts and their own past decisions to rule in favor of our ability to use independent contractors to meet customer demands efficiently and cost-effectively.  We prevailed in the First Circuit Court of Appeals on related issues, and we are confident that the MDA has laid the groundwork for another successful appeal.”

Because of the national importance of this appeal, the MDA has formed a partnership with a national trade association, the Customized Logistics and Delivery Association.  “We are supporting the Massachusetts Delivery Association in their appeal because the First Circuit Court’s decision could serve to protect the independent contractor business model for delivery and other trucking companies nationwide,” says CLDA Government Affairs Chair, John Benko. “A ruling based on the full scope of the case will benefit not only those delivering goods, but retailers, consumers and the economy as a whole.”

The appeal notice to the First Circuit Court of Appeals was filed October 21, 2013.

About the Massachusetts Delivery Association

Massachusetts Delivery Association (MDA) was created to support businesses involved in the same-day messenger and courier industry, educate people and lawmakers about their industry and promote the long-standing reputation and business practices utilized within the delivery industry.  For more information see

About the Customized Logistics and Delivery Association

The CLDA is the voice of the customized logistics and delivery industry, representing those who keep the wheels of commerce rolling in North America.  CLDA (formerly MCAA) is the largest trade association in the industry providing time-critical and last-mile deliveries.  Since 1987, the association has promoted and advanced the professionalism of the customized logistics and delivery industry through networking, education and advocacy.   For more information see and

Media Contact

Andrea Obston

(860) 243-1447 – office   (860) 803-1155 – cell

Recommended Posts