The idea to carry away from Quinn v. Harris may be that calling a person an employee of the state does not necessarily make him or her such.  The common law test of employee status has always been that of supervision and control over the manner in which the work is done. Hence the confusion a few months back as to whether volunteer fireman are employees for purposes of Obamacare.  While often unpaid, except for stipends for training and fringe benefits like insurance coverage for any injuries incurred, volunteer fireman are definitely subject to supervision and control over the manner in which they perform their duties,     The state doesn't supervise how in-home health care workers perform their duties.  The supervision is done by the person being cared for -- or the guardian of that person. Indeed, the employee and the de facto employer are often the same person, or else a member of the immediate family.  Nor does the state grant these...(Read Full Post)