Employment

/Employment

Tougher Than Ever To Use Criminal History To Reject Applicant For Employment

© Ekaterina79 | Dreamstime.com The already restrictive Massachusetts law limiting the use of criminal offender record information (“CORI”) in the hiring process has become more restrictive. The “look back” for criminal misdemeanor convictions is now three (3) years instead of five (5), and Employers cannot ask about sealed or expunged records at all. [...]

2019-01-17T15:53:27-04:00January 5th, 2019|Categories: Employment, Uncategorized|

SJC Allows Reinstatement of Police Officer Who Made “Intentionally Misleading” But Not False Statements

A fired Pittsfield police officer who made statements in a report that were “intentionally misleading” but not false, was reinstated after the SJC ruled that an arbitrator’s ruling can only be overturned if an officer’s deception leads to false  charges. City of Pittsfield, 2018 WL 4762406 (2018). In this case, the officer was fired for [...]

2019-01-17T15:29:58-04:00November 17th, 2018|Categories: Employment|Tags: , , , |

Civil Service Commission Weighs In On “Acting” Time

The Commission recently issued a decision that may impact promotional list(s) and upcoming promotions if you have a promotion list resulting from the November 2017 Fire Lieutenant and Captain promotional examination. In Borjeson et al v. HRD, the Commission ordered HRD to include “acting” time in the scoring of Education and Experience (E/E) for all candidates who passed the [...]

2019-01-17T15:39:39-04:00October 17th, 2018|Categories: Employment|Tags: , , |

Legislature Relaxes No Smoking Law For Firefighters and Police Officers

It was a windfall for Police Officers and Firefighters in the most recent session of the State Legislature and it came at the expense of Employers and consistency in the law. In our September Advisor, we told you about the law taking effect October 22 under which a Firefighter will get the benefit of the cancer presumption--something previously only [...]

2019-01-17T15:34:57-04:00October 17th, 2018|Categories: Employment|Tags: , , , |

Legislature Relaxes No Smoking Law For Firefighters and Police Officers

It was a windfall for Police Officers and Firefighters in the most recent session of the State Legislature and it came at the expense of Employers and consistency in the law. In our September Advisor, we told you about the law taking effect October 22 under which a Firefighter will get the benefit of the [...]

2018-10-29T13:58:52-04:00October 5th, 2018|Categories: Blog, Employment|Tags: , , |

Civil Service Commission Weighs In On “Acting” Time

The Commission recently issued a decision that may impact promotional list(s) and upcoming promotions if you have a promotion list resulting from the November 2017 Fire Lieutenant and Captain promotional examination. In Borjeson et al v. HRD, the Commission ordered HRD to include “acting” time in the scoring of Education and Experience (E/E) for all [...]

2018-10-29T14:04:29-04:00October 4th, 2018|Categories: Blog, Employment|Tags: , , |

Cancer Presumption Expands to 111F: Can the Employer Demand Bargaining?

Previously available only for disability retirements, starting October 22, firefighters will get the benefit of the cancer presumption to go on injured leave. Specifically, after five years on the job, a firefighter who contracts any of a long list of cancers is presumptively entitled to injured leave pay under MGL c. 41, §111F, and medical reimbursement (§100). To [...]

2018-09-13T18:51:06-04:00September 13th, 2018|Categories: Blog, Employment|

Revised Equal Pay Act Now In Effect

Massachusetts Equal Pay Act (“MEPA”) took effect on July 1, 2018. As we have reported in previous Advisors, the revised statute expands the concept of “equal pay for equal work” to a “comparable worth” model that requires equal pay for jobs that are deemed comparable because they require substantially similar skill, effort, and responsibility, and are performed under [...]

2018-09-13T18:42:27-04:00September 1st, 2018|Categories: Blog, Employment|

Stale CWOF Not Reasonable Justification For Bypass

A continuance without a finding (CWOF) received by a Boston Police candidate as a teenager, was not a reasonable justification for his bypass ten years later. Finklea v. Massachusetts Civil Service Commission, et al., Civil Action No. 1784CV00999 (February 9, 2018). The superior court decision affirms the Civil Service Commission’s (CSC) determination that the “single, stale” CWOF was not a [...]

2018-09-13T16:34:39-04:00May 3rd, 2018|Categories: Blog, Employment|Tags: , , |

The Fate Of The Union “Agency Fee”

Both employers and unions are waiting for the Supreme Court’s decision in Janus v. AFSCME. The issue in the case is whether public sector unions can compel workers who have declined to become members to pay them an “agency fee” that covers the union’s activities other than political action. The Court’s decision, which is expected this [...]

2018-09-13T18:55:36-04:00April 13th, 2018|Categories: Blog, Employment|Tags: , , , |