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Appeals Court Clarifies the Three-Stage Burden Shifting Test in Cases Alleging Retaliation in Violation of G.L. Chapter 150E
Posted: /in News /by Heather McCarthyIn City of Newton v. Commonwealth Employment Relations Board (“CERB”), No. 23-P-455 (May 22, 2024), the Appeals Court has clarified the three-stage burden shifting test that applies in a case alleging retaliation for the exercise of protected rights by a union member where the claim relies on circumstantial evidence of the employer’s retaliatory motive. The […]
Appeals Court Reiterates Vacation Time Accrued Under the Terms of a Contract is Protected by the Wage Act
Posted: /in News /by Heather McCarthyOn May 14, 2024, the Appeals Court issued a summary decision in Convey v. Commonwealth of Massachusetts & another, 22-P-930, holding that vacation time accrued under the terms of a collective bargaining agreement (“CBA”) constituted “wages” protected by the Wage Act and, therefore, could not be bargained away by the Union. The plaintiff, an adult […]
Ann Marie Noonan Presents at MMHR HR101 Boot Camp
Posted: /in Events, News /by Heather McCarthyOn Thursday, May 9, 2024 Ann Marie presented at the Massachusetts Municipal Human Resources (MMHR) Boot Camp. Ann Marie presented on Labor Law Updates.
U.S. Department of Education Publishes New Title IX Regulations Requiring Policy Updates and Training
Posted: /in News /by Heather McCarthyLast month, the U.S. Department of Education (“DOE”) released new Title IX regulations that will go into effect on August 1, 2024. These regulations require training and changes to school district policies and procedures regarding sexual harassment. Among the changes are: Definitions The new regulations more broadly define the conduct that may be investigated by […]
Nick Dominello to Present at 2024 COSA School Law Seminar
Posted: /in Events, News /by Heather McCarthyOn Thursday, April 4, 2024 Nick will present at the 2024 Council of School Attorneys (COSA) School Law Seminar in New Orleans. Nick will be presenting a workshop on collective bargaining.
Liz Valerio Presents at MMA Monthly Meeting
Posted: /in Events, News /by Heather McCarthyOn Wednesday, March 27, 2024 Liz presented at the Massachusetts Mayor’s Association (MMA) Monthly Meeting. Liz will be hosting a workshop on collective bargaining.
Liz Valerio and Nick Dominello Present at MASPA Annual Law Day
Posted: /in Events, News /by Heather McCarthyOn Friday, March 22, 2024 Liz and Nick presented at the Annual Massachusetts Association of School Personnel Administrators (MASPA) Annual Law Day. Liz and Nick hosted a collective bargaining workshop on employee speech and leaves and accommodations.
Liz Valerio and Ann Marie Noonan Present at MMAAA Annual Education Program
Posted: /in Events, News /by Heather McCarthyOn Tuesday, March 19, 2024 Liz and Ann Marie presented at the Massachusetts Municipal Auditors’ & Accountants’ Association (MMAAA) Annual Education Program. Liz and Ann Marie presented a collective bargaining workshop on preparing for and trends in collective bargaining.
Appeals Court Clarifies the Reasonableness Standard for Public Records Requests
Posted: /in News /by Heather McCarthyOn March 15, 2024, the Massachusetts Appeals Court issued a decision in Friedman v. Division of Administrative Law Appeals, No. 23-P-369, which decided whether certain public records requests adequately describe the records sought. The Massachusetts Public Records Law, G.L. c. 66 § 10(a), requires state governmental agencies to provide access to public records so long […]
Supreme Court Sets Test for When Officials’ Social Media Use is State Action
Posted: /in News /by Heather McCarthyOn March 15, 2024, the United States Supreme Court issued a unanimous decision in Lindke v. Freed, No. 22-611, which clarified when a state official can be held liable under the First Amendment for blocking someone from their personal social media account. 42 U.S.C. § 1983 provides a cause of action against any official who […]