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 [...]
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 [...]
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 [...]
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 [...]
On April 5, 2018, the Supreme Judicial Court of Massachusetts found that the town administrator evaluation procedures followed by members of a board of selectmen violated the Open Meeting Law (OML). A case of first impression, the opinion provides clarification on what constitutes a “deliberation” under the OML, and provides guidance to public bodies on [...]
The Massachusetts Pregnant Workers Fairness Act (“PWFA”) took effect April 1 and it required Employers to notify employees in writing of their rights by April 1. New hires must be notified as well. A separate notice is also required within 10 days of an employee’s notice to the Employer of pregnancy. The notice can be [...]
In Board of Selectmen of the Town of Hull et al. v. Maura Healey, Attorney General, 2017 WL 6601467 (2017) Plymouth Superior Court Judge Michael D. Ricciuti held that the Town did not violate the Open Meeting Law (“OML”) by not revealing the identity of the unions it was engaged in collective bargaining disputes with [...]
In Kerr v. Boston Police Department, the Civil Service Commission (CSC) in a 3-2 decision upheld the bypass of a candidate for police officer based on untruthful answers during a background investigation. In its January 18, 2018 decision, the CSC rejected or set aside 5 of 7 reasons for bypass proffered by the BPD, ultimately relying [...]
A Presentation to the Massachusetts Municipal Association Annual Meeting January 19, 2018 By Philip Collins, Esquire JLMC: Process, Substance, Success A. Process Issues: What Gets Certified for Arbitration On vs. Off The Record . . . Topics vs. Proposal B. Substantive Issues: Keys To Success At Arbitration Settle Other Units Know The Landscape Of [...]
Should male school custodians and female cafeteria workers receive the same remuneration for their employment? Twenty years ago, a closely divided Supreme Judicial Court (Jancey v. School Committee of Everett) [421 Mass. 4821 (1995) and 427 Mass. 603 (1998)] interpreted the Massachusetts Equal Pay Act not to require such equal pay because the substantive content [...]