Public employers face tough calls every day, from hiring under civil service rules to handling grievances and workplace claims. At Casey, Burns & Jean-Felix, PLLC, we focus on serving housing authorities, municipalities, and public agencies across Massachusetts and New Hampshire with practical, clear advice. Our roots run through Casey Lundregan Burns, P.C., a firm with 100 years of unwavering integrity, servant leadership, and a commitment to excellence. We bring results-driven counsel backed by a strong background in public administration, policy guidance, and administrative advocacy.
Comprehensive Employment Counsel for Public Agencies and Housing Authorities
We support employers through the full life cycle of public employment, from recruitment and promotion to contract administration and discipline. Our approach is steady and process-focused, with careful attention to statutory rules and local policies.
Civil Service Compliance and Disciplinary Actions
Massachusetts Civil Service Law, M.G.L. c. 31, sets strict standards for hiring, promotions, layoffs, and discipline for covered positions. We help appointing authorities apply merit-based rules, manage bypass decisions, and prepare records that can stand up to agency and court review.
When discipline is on the table, public employers must satisfy just cause and due process. We prepare written charges, help conduct pre-disciplinary hearings, and document the facts so your decision has a solid foundation.
Public employers also need discipline procedures that are consistent with collective bargaining agreements and local bylaws. We align your steps with each source of authority to reduce risk.
Labor Relations and Collective Bargaining
Under M.G.L. c. 150E, unions bargain over wages, hours, and working conditions. We serve as counsel at the table and behind the scenes, helping you set bargaining goals and draft clean, enforceable contract language.
- Lead negotiations and draft proposals that reflect budget limits and operational needs.
- Handle grievances, prepare arbitration briefs, and defend against prohibited practice charges before the Department of Labor Relations.
- Train managers on contract application, including overtime, posting rules, and progressive discipline.
Strong contract administration helps prevent disputes and saves resources. We focus on consistent day-to-day practices that match the CBA text.
Constitutional Rights and Due Process
Public employees have constitutional protections, including speech rights under the First Amendment and Equal Protection claims under the Fourteenth Amendment. We advise on policies that respect those rights while keeping order and efficiency in the workplace.
From social media guidelines to rules on political activity, we draft policies that are content neutral and grounded in legitimate business needs.
Key Legal Frameworks in Massachusetts Public Employment
Massachusetts law interacts with federal protections in many areas. Below are frequent pressure points for housing authorities and municipal departments.
Anti-Discrimination and Equal Protection
M.G.L. c. 151B, Title VII, the ADA, and the ADEA prohibit discrimination and retaliation. We guide investigations, preserve documents, and prepare your defense before the Massachusetts Commission Against Discrimination and in court.
Our work includes sexual harassment response plans, unbiased complaint intake, and corrective actions that fit the evidence.
Massachusetts Wage, Hour, and Leave Regulations
Public employers contend with the Massachusetts Earned Sick Time Law, prevailing wage on public construction, and overtime rules under the FLSA. We review timekeeping systems, job classifications, and stipend practices for compliance.
- Confirm FMLA eligibility, leave tracking, and medical certification protocols.
- Check on-call policies, meal breaks, and comp time rules for public sector staff.
- Audit vendor and contractor wage steps on covered projects under M.G.L. c. 149, sections 26 to 27.
When requests for reasonable accommodation arise, we support the interactive process and document each step.
Whistleblower Protections in the Public Sector
The Massachusetts Whistleblower Protection Act, M.G.L. c. 149, section 185, shields public employees who disclose suspected unlawful activity or safety issues. We design reporting channels that are safe, prompt, and fair to all parties.
Our team conducts impartial investigations, interviews witnesses, and prepares findings that can be defended before agencies or a court.
Common Challenges for Public Employers
Public employment work touches many laws at once. A steady process and clean records make a big difference.
Managing Complex and Overlapping Regulations
State civil service rules, federal constitutional duties, and local bylaws can point in different directions. We help you build a single workflow that respects each rule set.
- Use uniform evaluation forms and scoring rubrics for hiring and promotion.
- Keep personnel files organized by topic, such as discipline, leave, and training.
- Adopt a calendar for statutory and CBA deadlines, with reminders for each step.
Consistency across departments helps avoid claims of unequal treatment.
Union Contract Administration
Common disputes involve overtime distribution, seniority bumps, shift bids, or the steps in progressive discipline. We read the CBA closely and match it with your past practice to frame a defensible position.
We also encourage steady contact with union representatives while standing firm on agency needs and public safety.
How Casey, Burns & Jean-Felix, PLLC Supports Your Organization
We pair legal knowledge with practical tools your managers can use. The goal is simple: reduce risk and keep your workforce moving.
Proactive Policy Guidance and Development
We assess your current policies, handbooks, and MOUs, then recommend updates that fit public agency work and housing authority programs. Training covers hiring interviews, attendance rules, and documentation that backs up employment decisions.
We also align civil service requirements with your HR forms, so internal steps match outside rules.
Administrative Advocacy and Representation
Our attorneys represent public employers before the Civil Service Commission, the Department of Labor Relations, and the MCAD. We prepare witness outlines, evidence packets, and statements that track the legal standards at issue.
At every stage, we aim for a clear record that supports your actions.
Litigation and Dispute Resolution
When claims reach state or federal court, we defend agencies with thorough motions and trial-ready files. We also use practical resolution tools, including mediation, to control costs and protect mission goals.
Your managers stay updated with plain-language status reports and next steps.
Frequently Asked Questions About Public Employment Law
Below are short answers to questions we hear from housing authorities and municipal departments. Reach out for advice on your facts.
What is the difference between civil service and non-civil service employees in Massachusetts?
Civil service employees under M.G.L. c. 31 have statutory protections on hiring, promotion, discipline, and layoff. Non-civil service workers are usually at-will, unless a contract or statute says otherwise.
This difference affects process and proof. Hiring, promotion bypasses, and terminations for civil service roles must satisfy just cause and follow set appeal routes.
How should a housing authority respond to an employee grievance?
Start by reading the CBA grievance article and tracking each deadline at every step. Assign a point person to gather facts, meet with the union, and prepare written responses.
Engage counsel early to help with timelines, document requests, and settlement options that fit your policy goals.
What steps are required before disciplining a tenured public employee?
Provide written notice of the charges with the supporting facts. Offer a pre-disciplinary meeting so the employee can respond.
Make sure the final decision rests on just cause, with findings supported by a fair internal investigation.
Get Practical Guidance on Public Employment Law Issues
We help housing authorities, public agencies, and property owners move forward with confidence in their employment decisions. If you want a practical plan that fits your operations, contact us to talk through next steps. Call 978-878-3519, visit our website, or email [Contact-Us-Placeholder]. We welcome your questions and are ready to roll up our sleeves on your matter.