Massachusetts Superior Court

Superior Court Upholds Bypass For 1995 Fight and Car Accident

In Daniel Zaiter v. Boston Police Department, the Superior Court overturned a decision by the Civil Service Commission and held the Boston Police Department (BPD) had reasonable justification for bypassing Zaiter for a position as a Boston police officer based on two events that had occurred 20 years earlier, in 1995.  The first was his [...]

On-Call Meal Periods Must Be Paid

Employers need to be diligent about making sure that employees are relieved of all duties during unpaid meal periods. In DeVito v. Longwood Security Services, CA No. 2013-01724 (December 23, 2016), a case of first impression, the Massachusetts Superior Court set forth a new standard for determining whether an employee’s meal period should be paid [...]

Termination Of Employee Who Used Medical Marijuana Upheld

Cristina Barbuto, who had a prescription for medical marijuana, was terminated by her employer, Advantage Sales and Marketing (“ASM”), after testing positive for marijuana following a urine test.  She alleged her termination constituted disability discrimination in violation of MGL c.151B, a violation of the Massachusetts Medical Marijuana Act, was against public policy and was an [...]

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