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Supreme Judicial Court Holds That Sick and Vacation Payments are not “Regular Compensation” Under Chapter 32 When Used to Supplement Workers’ Compensation Payments

In a decision released February 13, 2018, the Supreme Judicial Court held that sick or vacation payments, when used to supplement workers’ compensation payments, are not “regular compensation” as defined in the Contributory Retirement Law, G.L. c. 32, § 1.

Massachusetts Supreme Judicial Court Addresses Truancy Standard Under the Child Requiring Assistance Statute

In a decision released February 6, 2018, the Massachusetts Supreme Judicial Court defined the circumstances in which a child “willfully fails to attend school” pursuant to the Commonwealth’s Child Requiring Assistance (“CRA”) statute, G.L. c. 119, § 21.

The decision, Millis Public Schools v. M.P., SJC-12384, held that a child who “acts purposefully, such that his or her behavior arises from reasons portending delinquent behavior” qualifies as a child willfully failing to attend school under the law.

Massachusetts Supreme Judicial Court Holds Accrued, Unused Sick Time Does Not Qualify As Wages Under The Wage Act

In a decision released January 29, 2018, the Massachusetts Supreme Judicial Court held that payment for accrued, unused sick time does not count as wages under the Wage Act, G.L. c. 149, §§ 148, 150. The decision, Tze-Kit Mui v. Massachusetts Port Authority, SJC-12296, addressed an employee’s claim that his former employer violated the Wage Act by failing to timely pay him for his accrued but unused sick time upon his retirement.

Supreme Judicial Court Holds School District/City is Exempt from Tort Liability for Failing to Act to Prevent Bullying

In a decision released February 27, 2018, the Supreme Judicial Court held that the Massachusetts Tort Claims Act, (“Act”), G.L. c. 258, § 10 (j), shielded the City of Lynn and Lynn Public Schools from liability for negligently failing to prevent bullying. The decision, Cormier v. City of Lynn, SJC-12323, involved a Lynn elementary school student who suffered permanent paralysis as a result of being pushed down a stairwell by a classmate.

Attorneys Nick Dominello and Caroline Thibeault Discuss Social Media at the 2018 Annual MMA Conference

VDH attorneys Nick Dominello and Caroline Thibeault discussed the complex issues that arise when municipalities use social media at the 2018 annual conference of the Massachusetts Municipal Association. The panel was moderated by Julie Jacobson, the Town Manager of Auburn, Massachusetts and also included a presentation by Connor Read, the Town Administrator of Easton, Massachusetts.