Aug 12

Keywords:   Practice, Civil, Motion to dismiss, Summary judgment. Superior Court. Rules of the Superior Court. Administrative Law, Primary jurisdiction, Exhaustion of remedies. Unjust Enrichment. Contract, Collective bargaining contract, Unjust enrichment, Promissory estoppel. Public Employment, Collective bargaining. Police, Collective bargaining. Massachusetts Wage Act. Civil Service, Collective bargaining, Municipal finance. Municipal Corporations, Collective bargaining, Municipal finance.

On August 11th, the Appeals Court issued its decision today in Malden Police Patrolman’s Association v City of Malden, in which it held:  “Where the Wage Act, St. 1879, c. 128, is a broad remedial statute designed to protect employees from the prolonged detention of earned wages, see Fernandes, 470 Mass. at 125-126, the municipal finance law, St. 1970, c. 344, specifically pertains to the timely payment of compensation for detail work.  Pursuant to the Wage Act, an employer shall pay wages to an employee within six or seven days of the termination of the pay period during which such wages were earned by the employee.  See G. L. c. 149, § 148.  In contrast, the municipal finance law states, in relevant part, that “[a]ll money received by a city . . . as compensation for work performed by one of its employees on an off-duty work detail which is related to such employee’s regular employment . . . shall be paid to such employee . . . no later than ten working days after receipt by the city . . . of payment for such services.” [14] [15]  G. L. c. 44, § 53C.  We construe this plain statutory language to apply, both with respect to the timing and disbursement of the payments, to detail work performed for third parties, not for the city itself.”   The case was remanded to Superior Court.  Dismissal of claims for breach of contract, breach of implied covenant of good faith dealing, promissory estoppel  and unjust enrichment upheld.  For the full text of the decision, click on: Malden Police Patrolman’s Association v City of Malden.

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