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SJC Decides that Non-Exempt Employees Cannot Receive the Massachusetts Wage Payment Law Remedies for the Untimely Payment of FLSA Overtime
Posted: /in News /by Heather McCarthyOn April 14, 2022, the Supreme Judicial Court issued a decision holding that employees whose sole claim for untimely overtime wages rests on the federal Fair Labor Standards Act (FLSA), 29 U.S.C., § 203, can only recover the remedies provided under the FLSA and cannot use the Massachusetts Wage Payment Law, G.L. c. 149, § […]
SJC Decides That Employers Are Strictly Liable for Treble the Amount of Wages, Including Accrued, Unused Vacation That is Not Paid on the Date of Termination
Posted: /in News /by Heather McCarthyOn April 4, 2022, the Massachusetts Supreme Judicial Court issued a decision in Reuter v, City of Methuen, No. 13121 (2022), holding that an employer who failed to pay a discharged employee for accrued vacation time on the day of her termination, as required by the Wage Act, G.L. c. 149, §148, is strictly liable […]
Supreme Court Decides That an Elected Public Board Did Not Violate the First Amendment When It Censured One of Its Members
Posted: /in News /by Heather McCarthyOn March 24, 2022, the United States Supreme Court issued a decision in Houston Community College System v. Wilson, No. 20-804 (2022), holding that an elected member of a public body does not have a First Amendment claim arising from that body’s verbal censure of the member. The Court’s decision was limited to the narrow […]
Nick Dominello Named President of the Massachusetts Council of School Attorneys (“COSA”)
Posted: /in Events, News /by Heather McCarthyEffective January 1, 2022 Nick Dominello was named President of the Massachusetts Council of School Attorneys, an affiliate organization of the Massachusetts Association of School Committees (MASC). After serving as a former COSA Officer, member at large, Nick was elected President of COSA for a one-year term (January 1, 2022 through December 31, 2023) during […]
Liz Valerio and Nick Dominello Present at 2022 Massachusetts Association of School Personnel Administrators (“MASPA”) Law Day
Posted: /in Events, News /by Heather McCarthyOn Friday, March 18, 2022 Liz and Nick presented at the MASPA School Law Day webinar. Liz and Nick discussed Ongoing Bargaining Trends and Employee Issues Associated with COVID-19.
SJC Finds That Petitions Under The Child Requiring Assistance (CRA) Statute May Be Filed By Non-Attorney School Personnel
Posted: /in News /by Heather McCarthyOn March 18, 2022, the Massachusetts Supreme Judicial Court issued a decision, Lexington Public Schools v. K.S., holding that pursuant to G.L. c. 119, § 39E, the Child Requiring Assistance (CRA) statute, non-attorney school personnel are authorized to file Juvenile Court petitions concerning students. The issue before the court was whether an assistant principal committed […]
Massachusetts COVID-19 Emergency Paid Sick Leave Act Ends
Posted: /in News /by Heather McCarthyLast year, the Massachusetts legislature passed “An Act Providing For Massachusetts COVID-19 Emergency Paid Sick Leave.” As of March 15, 2022, the Act has expired and employees are no longer eligible for leave under the Act. The Act went into effect on May 28, 2021 and required employers to provide eligible employees with up to […]
Massachusetts COVID-19 Emergency Paid Sick Leave Act Nears End
Posted: /in News /by Heather McCarthyLast year, the Massachusetts legislature passed “An Act Providing For Massachusetts COVID-19 Emergency Paid Sick Leave.” The Act requires all private and public employers within Massachusetts to offer employees leave time for COVID-19 related issues. The program under the Act is scheduled to end on April 1, 2022, or earlier if the Commonwealth determines that […]
Public Employers Must Bargain Over the Methods and Means of Fitness for Duty Examinations
Posted: /in News /by Heather McCarthyUnder Department of Labor Relations/Commonwealth Employment Relations Board precedent a public employer has the nonbargainable prerogative to require employees to undergo fitness for duty examinations. Until recently, however, it was an open question whether the method and means by which these examinations are conducted is a mandatory subject of bargaining. On December 30, 2021, the […]
CDC Reduces Isolation Time for Individuals Exposed to COVID-19
Posted: /in News /by Heather McCarthyOn Monday, December 27, 2021, the Centers for Disease Control and Prevention (“CDC”) shortened its recommended isolation time for individuals exposed to COVID-19. Guidelines now recommend that individuals who are unvaccinated or have not received the vaccine booster quarantine for five (5) days, followed by strict mask use for an additional five (5) days. Individuals […]