Retirement – Credit – Elected official
Where the Franklin Regional Retirement System declined to grant a petitioner retirement credit for a period of service as an elected official, that decision should be upheld based on the expiration of...
View ArticleRetirement – Teacher – ‘Salary’
Where the Massachusetts Teachers Retirement System excluded a petitioner’s pay for work as an “enrichment club advisor” from her regular compensation for retirement purposes, that decision should be...
View ArticleRetirement – Accidental disability – Credibility
Where the Essex Regional Retirement Board denied a petitioner’s application for accidental disability retirement benefits without having referred his application to a regional medical panel, the...
View ArticleEmployment – Lie detector – Standing
Where a plaintiff job applicant has brought suit alleging that the defendant unlawfully subjected him to a lie detector test and failed to provide him with notice of his statutory rights, the...
View ArticleEmployment – Age discrimination
Where a defendant was awarded summary judgment in an age discrimination suit brought by a plaintiff job applicant, that judgment must be affirmed because the plaintiff failed to show that the defendant...
View ArticleDiscovery of post-protest police debriefings allowed to proceed
A U.S. District Court judge has overruled the city of Boston’s objections to a magistrate’s order compelling disclosure of what was said during “critical incident stress debriefings” of police officers...
View ArticleEmployment – Vaccination – Religious discrimination
Where a defendant employer has moved for summary judgment on a religious discrimination claim asserted by a plaintiff who was terminated for refusing to comply with a COVID-19 vaccination requirement,...
View ArticleEmployment – Commissions – Wage Act
Where a motion has been filed for the dismissal of a Wage Act claim for sales commissions, that motion must be allowed because the commissions were neither definitely determined nor due and payable at...
View ArticleRetirement – Credit – Part-time service
Where the State Board of Retirement declined to grant a petitioner full-time retirement credit for periods of part-time work, the board acted consistently with a 1993 regulation, 941 C.M.R. §2.03(2).
View ArticleRetirement – Group 2 – Chelsea Soldiers’ Home
Where a petitioner’s applications for Group 2 classification were denied, the petitioner has not met her burden of proving by a preponderance of the evidence that her regular and major duties required...
View ArticleEmployment – Pretext – Performance review
Where summary judgment was granted to the defendants in an employment discrimination suit, that judgment should be affirmed because the record contains no evidence from which a rational jury could...
View ArticleArbitration – Waiver – Non-signatory
Where a defendant has moved to compel arbitration of Fair Labor Standards Act claims brought by au pairs, that motion should be denied to the extent that it is based on a contract signed by the...
View ArticleEmployment – Exhaustion – Limitations
Where a defendant employer has moved to dismiss discrimination claims under the Americans with Disabilities Act and G.L.c. 151B, those claims must be dismissed because they were not timely presented to...
View ArticleRetirement – Firefighter – Maximum age
Where a firefighter’s application to be restored to duty was denied, his appeal must be dismissed as moot now that he has reached the maximum age for retirement (65).
View ArticleRetirement – Anti-spiking law – CPCS
Where a petitioner has filed an appeal seeking to overturn the State Board of Retirement’s application of the anti-spiking law, G.L.c. 32, §5(2)(f), to the calculation of her retirement allowance, the...
View ArticleContract – Separation agreement – Sale proceeds
Where a plaintiff has sued his former employer, the defendant, to challenge the expected payment distributions from an allegedly impending sale of the defendant, the complaint must be dismissed because...
View ArticleUnemployment compensation – Vaccination – Misconduct
Where (1) a home health aide’s employment was terminated following the denial of her request for a religious exemption from her employer’s vaccination requirement and (2) the employee then applied for...
View ArticleEmployment – Certification – Wage Act
Where plaintiffs alleging underpaid overtime, unpaid wages, and retaliatory termination have moved to certify three overlapping classes based on their three claims against the defendant contractors,...
View ArticleLabor – Immunity
Where (1) two plaintiff court officers filed a complaint alleging that their employer, their union, and several court employees subjected them to discrimination, retaliation, and other unlawful...
View ArticleFederal judge boots NLRB’s new joint-employer rule
The future of the National Labor Relations Board’s latest iteration of the joint-employer rule is in serious doubt after a late-Friday decision by a federal judge in the Eastern District of Texas.
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