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Miyares and Harrington, LLP
Jun 27, 20222 min read
Supreme Judicial Court Provides Guidance to Communities Considering Solar Energy Ordinances/Bylaws
As many of our readers are aware, the Commonwealth is experiencing a rapid growth in the number of new utility-scale solar energy...
Miyares and Harrington, LLP
Jun 27, 20222 min read
A Precise Zoning Bylaw Is Imperative for Split-lot Zoning Situations
In Pinecroft Development, Inc. v. Zoning Board of Appeals of West Boylston, the Massachusetts Appeals Court reviewed a case of “split...
Miyares and Harrington, LLP
Jun 27, 20222 min read
POST Regulations Update: Are You Ready for Recertification of Your Police Officers?
At the end of 2020, the Governor signed a sweeping police reform bill, which, among other measures, created a new civilian oversight...
Miyares and Harrington, LLP
Jun 27, 20221 min read
Rapid Fire Update - June 2022
EPA has issued health advisories and grant announcement concerning PFAS in drinking water. The Environmental Protection Agency (EPA)...
Miyares and Harrington, LLP
Apr 28, 20223 min read
The Supreme Court “Clarifies” the Standard of Review for Some Sign Bylaws
Long-time readers of this newsletter may remember an article from July 2015 discussing the U.S. Supreme Court’s decision in Reed v. Town...
Miyares and Harrington, LLP
Apr 28, 20223 min read
A Reminder of the Draconian Penalties for Violation of the Wage Act
The Massachusetts Supreme Judicial Court (SJC) recently reiterated the draconian penalties under even an unintentional violation of the...
Miyares and Harrington, LLP
Apr 28, 20222 min read
Wage Act Penalties Not Applicable to FLSA Violations
On April 14, 2022, the Supreme Judicial Court held, in Devaney v. Zucchini Gold, LLC, that employees who assert wage claims available...
Miyares and Harrington, LLP
Apr 28, 20221 min read
Rapid Fire Update - April 2022
Outdoor Dining and Takeaway/Delivery of Alcohol As part of an omnibus appropriations bill, the Governor signed into law extensions of...
Miyares and Harrington, LLP
Mar 24, 20221 min read
Certain Special COVID Rules are Extended
Chapter 22 of the Acts of 2022 went into effect on February 15, 2022. It has several important provisions. It extends until July 15,...
Miyares and Harrington, LLP
Mar 24, 20221 min read
Massachusetts COVID-19 Emergency Paid Sick Leave Program Has Ended
On February 28, 2022, the Executive Office for Administration and Finance announced that the Massachusetts COVID-19 Emergency Paid Sick...
Miyares and Harrington, LLP
Mar 24, 20221 min read
Natural Gas Companies Submit Report and Proposals to Meet Commonwealth Climate Goals
The Commonwealth’s climate goals include reaching net zero greenhouse gas emissions by 2050. In support of this target, the Department of...
Miyares and Harrington, LLP
Mar 24, 20221 min read
Updates on Opioid Litigation
In the culmination of a years-long multidistrict litigation targeting opioid-maker J&J and distributors McKesson, Cardinal, and...
Miyares and Harrington, LLP
Feb 25, 20222 min read
Updated Guidance on the Public Records Act Exemption (c)
The privacy exemption contained in the Public Records Law was amended in 2020, in a manner that many may have thought was minor at the...
Miyares and Harrington, LLP
Feb 25, 20222 min read
Conservation Commissions Must Hold Timely Hearings to Maintain Local Control
In Boston Clear Water Co., LLC v. Lynnfield, the Massachusetts Appeals Court examined the effect of a local conservation commission’s...
Miyares and Harrington, LLP
Feb 25, 20222 min read
"Regular Compensation" as Applied to Determination of an Employee's Effective Retirement Date
- The Interplay of M.G.L. c.32 and M.G.L. c.152 Under M.G.L. c.152, the Worker Compensation statute, worker compensation benefits are...
Miyares and Harrington, LLP
Feb 25, 20221 min read
Rapid Fire Update - February 2022
The Division of Local Services is continuing its recent efforts to update its Informational Guideline Releases. IGR-2022-1 explains...
Miyares and Harrington, LLP
Jan 27, 20222 min read
A Court Weighs in on Vaccine Mandates and Impact Bargaining
Our last newsletter summarized a ruling by an investigator of the Department of Labor Relations regarding the need to bargain over the...
Miyares and Harrington, LLP
Jan 27, 20222 min read
The Largest Pension Forfeiture to Date Does Not Constitute an Unconstitutionally Excessive Fine
The Eighth Amendment to the U.S. Constitution prohibits excessive fines but it is only recently that the U.S. Supreme Court considered...
Miyares and Harrington, LLP
Jan 27, 20223 min read
Public Employers Must Bargain Fitness-for-Duty Examination Procedures
Most public employers are aware that they have the managerial right to order an employee to undergo a fitness-for-duty examination. In...
Miyares and Harrington, LLP
Jan 27, 20221 min read
Rapid Fire Update - January 2022
LFO 2022-1: Exemption Eligibility for Electric Generating Systems When Situated on Property Owned by a Governmental Entity The DOR...