Jergensen v. Massachusetts Historical Commission

Krupp, Peter B., J.

Plaintiff Michaela Jergensen worked for defendant Massachusetts Historical Commission (“MHC”), a state agency, until about two years ago. She now sues to recover employment benefits, including overtime, to which she would have been entitled as an employee had MHC not, as she alleges, misclassified her as an independent contractor in violation of G.L.c. 149, §148B. Claiming sovereign immunity, MHC moves to dismiss plaintiffs claims under the Independent Contractor Statute, G.L.c. 149, §148B (Count One), and the Minimum Fair Wage Law, G.L.c. 151, §1A (Count Three).1 For the…