Mass. Panel Won't Revive Care Attendant's Wage Suit

Law360 (November 24, 2020, 8:11 PM EST) -- A Massachusetts personal care attendant's wage and hour lawsuit against a state agency and two disability assistance organizations can't proceed because she is employed by her patient, not those entities, the Massachusetts Appeals Court ruled Tuesday.

A three-judge appeals panel unanimously affirmed a lower state court's decision to dismiss Andrea Jackson's lawsuit against the Boston Center for Independent Living, Tempus Unlimited Inc. and the Massachusetts Executive Office of Health and Human Services. The panel's ruling affirms that she worked for her patient and that those three entities were only intermediaries or administrators and did not control her work.

The patient "functions...

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