Employment – Wage Act – Profit-sharing agreement
Where a plaintiff has brought a Wage Act count claiming to be owed a share of the defendant’s profits, the defendant is entitled to judgment on the pleadings because the plaintiff’s incentive...
View ArticleEmployment – Maine law – Equal pay
Where a U.S. District Court judge found a defendant employer liable under the Maine Equal Pay Law, that judgment should be affirmed because the judge did not err in concluding that the statute’s...
View ArticleRetirement – Regular compensation – Health insurance coverage
Where the Nantucket fire chief received a salary supplement in lieu of health insurance coverage, that supplement does not count as regular compensation for retirement purposes.
View ArticleEmployment – FLSA – ‘Economic-reality’ test
Where a defendant has moved for summary judgment on Fair Labor Standards Act claims brought by a plaintiff who worked as a teriyaki chef at a number of Boston-area restaurants, that motion should be...
View ArticleUnemployment compensation – Medical restrictions
Where a petitioner who took unpaid medical leave from his position with the Department of Unemployment Assistance applied for unemployment benefits, the department’s denial of the petitioner’s...
View ArticleRetirement – Accidental death – Causation
Where the widow of a police officer filed a petition for accidental death benefits, a decision by the Melrose retirement board to deny that petition should be upheld because the widow has not met her...
View ArticleRetirement – Anti-spiking law – Equal Pay Act
Where a petitioner received a large increase to her salary under the Equal Pay Act, the State Board of Retirement did not misapply the anti-spiking law to the calculation of her retirement allowance.
View ArticleRetirement – Accidental disability – Causation
Where the Worcester Retirement Board denied a petitioner’s accidental disability application, that decision should be affirmed because the petitioner has not carried her burden of proving that her...
View ArticleCivil rights – Public accommodation – Disparate treatment
Where a complaint was brought against a respondent pizzeria, the respondent should be held liable for disparate treatment under a vicarious liability theory.
View ArticleEmployment – FLSA – Integrated enterprise
Where a plaintiff has alleged violations of the Fair Labor Standards Act and the Massachusetts Wage Act, the complaint does not set forth sufficient facts to plausibly allege that one of the defendants...
View ArticleEmployment – Preemption – FLSA
Where a defendant employer has moved to dismiss a plaintiff employee’s breach of contract and unjust enrichment claims, that motion should be denied because the Fair Labor Standards Act does not, as...
View ArticleEmployment – Limitations – Continuing violation rule
Where a defendant has filed a motion to dismiss, that motion should be allowed because the plaintiff’s claims are time-barred and the continuing violation doctrine does not apply.
View ArticleRetirement – Accidental disability – Emotional harm
Where a petitioner has filed a disability retirement application, that application must be denied because the petitioner has failed to show that her disability resulted from a personal injury.
View ArticleRetirement – Group classification – Police
Where the board classified a petitioner in group 3 under G.L.c. 32, §3(2)(g), that decision should be upheld because the board’s interpretation of a state statute that consolidated the commonwealth’s...
View ArticleRetirement – Regular compensation – Health insurance coverage
Where the Nantucket fire chief received a salary supplement in lieu of health insurance coverage, that supplement does not count as regular compensation for retirement purposes.
View ArticleRetirement – COLA – ‘Regular compensation’
Where a petitioner has filed an appeal challenging the Massachusetts Teachers’ Retirement System’s decision excluding a cost-of-living adjustment as “regular compensation,” that decision must be...
View ArticleRetirement – Credit – Pre-membership service
Where the Fall River Retirement Board denied a petitioner’s application to purchase credit for a period of pre-membership service, his appeal must be dismissed for failure to prosecute.
View ArticleEx-Globe exec denied bid for Wage Act treble damages
The former president of Boston Globe Media Partners cannot pursue treble damages under the Wage Act for the news organization’s failure pay him amounts allegedly due under a profit-sharing agreement, a...
View ArticleRetirement – Standing – Stock shares
Where (1) plaintiff employees received stock as a retirement benefit, (2) the employer later terminated the retirement plan, (3) the plaintiffs were compensated for their stock shares, and (4) they...
View ArticleRetirement – Credit – Teacher
Where the Massachusetts Teachers’ Retirement System denied a petitioner’s application to purchase credit for a period of pre-membership service, that decision should be upheld because the petitioner’s...
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