LABOR RELATIONS DIV. v. HEALEY

No. 15-1906.

844 F.3d 318 (2016)

LABOR RELATIONS DIVISION OF CONSTRUCTION INDUSTRIES OF MASSACHUSETTS, INC.; Associated General Contractors Labor Relations Division; Building Trades Employers' Association of Boston and Eastern Massachusetts; New England Mechanical Contractors' Association; National Electrical Contractors' Association; Plumbing-Heating-Cooling Contractors' Association of Greater Boston; Barletta Engineering Corporation; Century Drywall, Inc., Petitioners, Appellants, v. Maura T. HEALEY, in her capacity as Attorney General for the Commonwealth of Massachusetts, Respondent, Appellee.

United States Court of Appeals, First Circuit.

December 16, 2016.


Attorney(s) appearing for the Case

James F. Grosso and Miranda S. Jones , Framingham, MA, with whom O'Reilly, Grosso & Gross, P.C. was on brief, for appellant.

Pierce O. Cray , with whom Maura Healey , Douglas S. Martland , and the Office of the Massachusetts Attorney General, Boston, MA, were on brief, for appellee.

Lindsey Powell , Washington, DC, with whom Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Carmen M. Ortiz , United States Attorney, Alisa B. Klein , Attorney Appellate Staff, M. Patricia Smith , Solicitor of Labor, Beverly I. Dankowitz , Acting Associate Solicitor, Radine Legum , Counsel for Labor-Management Relations, and Adam R. Pulver , Attorney, Civil Rights and Labor-Management Division, were on brief for amicus curiae United States of America.

MacKenzie Fillow , Senior Counsel, Zachary W. Carter , Corporation Counsel, Jill Maxwell , Of Counsel, Margaret O'Hora , Of Counsel, David Smart , Of Counsel, and Ksenya Hentisz , Of Counsel, on brief for amicus curiae City of New York; Dennis Herrera , City Attorney, and Francesca Gessner , Deputy City Attorney, on brief for amicus curiae City and County of San Francisco; George Jepsen , Attorney General, on brief for amicus curiae State of Connecticut; Ian Warner , Legal Counsel to the Mayor of Seattle, on brief for amicus curiae City of Seattle; Jeremy Farrell , Corporation Counsel, on brief for amicus curiae City of Jersey City; Khalifah L. Shabazz , Corporation Counsel, on brief for amicus curiae City of East Orange; Domenick Stampone , Corporation Counsel, on brief for amicus curiae City of Paterson; and David L. Minchello , Corporation Counsel, on brief for amicus curiae City of Plainfield.

Jasper Groner , Boston, MA, Donald J. Siegel , James A.W. Shaw , Boston, MA, Louis A. Mandarini , and Segal Roitman, LLP, on brief for amicus curiae Massachusetts AFL-CIO.

Mark A. Gottlieb , on brief for amici curiae A Better Balance, Coalition for Social Justice-Education Fund, Inc., Massachusetts Public Health Association, and the Public Health Advocacy Institute, Northeastern University School of Law.

Ingrid I. Nava , Katherine D. Shea , Boston, MA, David B. Rome , Boston, MA, and Pyle Rome and Ehrenberg, P.C., on brief for amici curiae SEIU Local 32BJ, 1199 SEIU United Healthcare East, SEIU Local 509, UFCW Local 791, UFCW Local 1445, UFCW Local 328, United Steelworkers Local 8751, and UNITE HERE Local 26.

Before Thompson and Barron, Circuit Judges, McConnell, District Judge.


In this case, a group of construction-industry employers' associations and employers ("employers") seek relief from a broad category of enforcement actions that may be brought under the Massachusetts Earned Sick Time Law ("ESTL"), Mass. Gen. Laws ch. 149, § 148C. Specifically, the employers contend that the ESTL "is preempted...

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