Public employers face tough calls every day, from hiring under civil service rules to handling workplace grievances. 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 requirements. 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 align with collective bargaining agreements (CBAs) and local bylaws. We ensure compliance with each authority to reduce risk.
Labor Relations and Collective Bargaining
Under M.G.L. c. 150E, unions bargain over wages, hours, and terms and conditions of employment. We serve as counsel at the table and behind the scenes, helping you set bargaining goals and draft clean, enforceable contract language. Our office will:
- 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 (DLR), the Labor Relations Commission, the American Arbitration Association, or any other third-party neutral mutually selected by the parties through the collective bargaining process.
- Train management 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’s text and align with the Massachusetts Civil Service Law, where applicable.
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 maintaining 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 to reduce legal challenges.
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 of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act of 1967 (ADEA) prohibit discrimination and retaliation based on certain protected categories. We guide investigations, preserve documents, and prepare your defense before the Massachusetts Commission Against Discrimination (MCAD), Equal Employment Opportunity Commission (EEOC), or in court.
Our work includes sexual harassment response plans, responses to reasonable accommodations, internal trainings, 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 Fair Labor Standards Act (FLSA). We review timekeeping systems, job classifications, and stipend practices for compliance with all relevant statutory and legal authorities. Our office will:
- Confirm Family and Medical Leave Act (FMLA) eligibility, track employee leave under FMLA or a related act, and review and revise medical certification protocols.
- Review and revise policies such as on-call meal break, overtime, and comp time policies for public sector staff to ensure compliance with the law.
When requests for reasonable accommodation arise, we support the interactive process and document each step. Our office will draft a thorough response to ensure legal compliance while seeking the best solution for management and the employee.
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. Our office revises and drafts policies to ensure compliance with the law before disputes arise. We design reporting channels that are safe, prompt, and fair to all parties.
If a dispute does arise, 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 implicates varied areas of the law. A team that is well-versed in the law can be the difference between a favorable and unfavorable decision for your agency.
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 policy that complies with each relevant legal authority.
Union Contract Administration
Common disputes involve overtime distribution, seniority bumps, shift bids, or progressive discipline. We read your CBA closely and match it with your past practice(s) to frame a defensible position.
We also encourage steady communication 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 CBAs or Memoranda of Understanding (MOUs), then recommend updates that conform with your goals, public agency guidelines, housing authority program rules, statutory requirements, and the law. Training covers interviews, attendance rules, hiring, and documentation that supports management decisions.
We also align civil service requirements with your internal forms, so your decisions conform with the law.
Administrative Advocacy and Representation
Our attorneys represent public employers before the Civil Service Commission, the DLR, EEOC, and MCAD. We prepare witness outlines, evidence binders, and briefs that outline 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 your goals.
Your managers stay updated with plain-language status reports.
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, or if they are covered by a CBA.
Hiring, promotion bypasses, and terminations for civil service roles must satisfy just cause and follow set appeal routes.
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 housing@cbjlawgroup.com. We welcome your questions and are ready to roll up our sleeves to dig into your matter.