Retirement – Effective date – Accrued sick days
Where a petitioner has challenged the Middlesex County Retirement System’s determination of his effective date of retirement, the petitioner’s recurrent sick pay was “regular compensation” for purposes...
View ArticleRetirement – Part-time teaching service
Where the Massachusetts Teachers’ Retirement System pro-rated a petitioner’s part-time teaching service, that decision should be upheld because the petitioner switched between full- and part-time on...
View ArticleRetirement – Contract service – Third-party contractor
Where the State Board of Retirement denied a petitioner’s application to purchase certain contract service, that decision should be upheld because the petitioner was paid by a third-party contractor.
View ArticleTruckers entitled to ‘sleeper berth’ time under FLSA
In a case of first impression, the 1st U.S. Circuit Court of Appeals has ruled that long-haul truckers driving as a team are entitled to be paid for “sleeper berth time” in excess of eight hours in a...
View ArticleWorcester attorney to head EEOC’s regional office
The U.S. Equal Employment Opportunity Commission has appointed a Worcester attorney to head its regional office responsible for investigating charges of discrimination in Massachusetts, Rhode Island...
View ArticleEmployment – Constructive discharge
Where a plaintiff has alleged that she was constructively terminated because of her age, the defendant employer is entitled to summary judgment because the plaintiff did not suffer an adverse...
View ArticleEmployment – Wage Act – Deductions
Where plaintiff delivery drivers have alleged that the defendant unlawfully deducted wages from their pay in violation of the Massachusetts Wage Act, the defendant is not entitled to summary judgment...
View ArticleRetirement – Veteran – Annuity
Where the Department of Veterans’ Services denied a petitioner’s annuity benefit application under G.L.c. 115, §6B, that decision should be affirmed because the petitioner did not qualify based on his...
View ArticleLabor – Strike
Where the Andover School Committee has alleged that a strike is about to occur, the Andover Education Association, as well as its officers and the employees it represents, should be ordered to cease...
View ArticleLabor – Unilateral change – Repudiation
Where the commonwealth discontinued an employee’s stand-by pay while requiring him to be available after hours, the commonwealth committed a prohibited practice by repudiating a provision in a...
View ArticleRetirement – Disability – Scope of employment
Where an accidental disability retirement application was filed by a police officer who was injured while using a shredder to destroy confidential documents after reading them, a decision by the New...
View ArticleEmployment – Background check – FCRA
Where a plaintiff who applied for a position as an emergency medical technician filed a complaint alleging that the defendant employer’s background check violated the Fair Credit Reporting Act, a...
View ArticleRetirement – Regular compensation – Unused vacation time
Where the petitioner, a former firefighter who suffered an on-the-job injury and is on accidental disability retirement, has challenged the Lexington Retirement Board’s decision to seek repayment from...
View ArticleRetirement – Accidental disability – Medical panel
Where the Middlesex County Retirement Board denied a petitioner’s application for accidental disability retirement without convening a medical panel, the matter should be remanded to have the...
View ArticleLabor – Grievance proceeding – Concerted protected activity
Where a union has filed a prohibited practice charge, that charge must be dismissed because the commonwealth did not interfere with, restrain or coerce three bargaining unit members in the exercise of...
View ArticleEmployment – Hostile work environment – Court employee
Where a plaintiff has brought suit against her former employer, the defendant Executive Office of the Massachusetts Trial Court, alleging violations of a variety of federal and state laws, the...
View ArticleBoston reaches $2.4M settlement with female police commander in gender...
Boston has reached a $2.4 million settlement with a high-ranking female police commander who accused the department of gender discrimination, her lawyer said on Jan. 10.
View ArticleRetirement – Accidental disability
Where the Malden Retirement Board denied a petitioner’s accidental disability retirement application, that decision should be affirmed because the petitioner remained capable of performing the...
View ArticleDamages – Emotional distress – Overtime
Where a hearing officer found that a respondent discriminated against a complainant on the basis of age and race, the hearing officer’s decision should be affirmed despite the respondent’s argument...
View ArticleAdministrative – Jurisdiction – Appeals
Where petitioners cited by the Fair Labor Division of the Office of the Attorney General (OAG) have filed appeals, the petitioners’ appeals must be dismissed for lack of jurisdiction because of their...
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