This past spring a judge in this federal district issued an order denying a private school defendant’s motion for summary judgment on a Title IX claim based on alleged student-on-student harassment. The ruling is instructive for all schools, public and private, regarding what facts trigger a school’s duty to take action under Title IX and […]

In a decision issued this morning the Appeals Court has reiterated the Massachusetts rule that a police chief’s decisions regarding the assignment of police officers are immune from collective bargaining and arbitration. In Town of Framingham v. Framingham Police Officers Union, No. 17-P-1178 (2018), the court reversed a Superior Court ruling. That ruling had denied […]

In a 5-4 decision released this morning the Supreme Court decided Janus v. AFSCME, Council 31, U.S. No. 16-466 (2018). The Court held that the Illinois statute which allows public sector unions to charge non-member employees an agency service fee for activities connected with their collective bargaining activities as exclusive representative violates the First Amendment […]

The Massachusetts Appeals Court held yesterday that a public teachers’ union could not arbitrate on behalf of a former teacher who had worked for fewer than 90 days in the school district. Under the state statute governing teacher dismissals, G.L. c. 71, § 42, the former teacher was an employee at will and, as such, […]

On May 10, 2018, the Supreme Judicial Court held in Camargo’s Case (SJC-12368) that in determining whether someone is an employee or an independent contractor for workers’ compensation purposes, the definition of “employee” from the workers’ compensation statute, G.L. c. 152, § 1, must be applied, as opposed to the definition from the independent contractor […]