In brief
A recently enacted state law that provides immunity to nonprofit institutions of higher ed from certain Wage Act claims does not offend due process when applied retroactively to bar a lecturer’s putative class action against Boston University over the alleged late payment of her salary, a U.S. District Court judge has found.
Plaintiff Lydia Curtin-Wilding sued BU in February, alleging the school violated the Wage Act by paying her salary on the last business day of each month rather than on a weekly or bi-weekly basis.
The school moved for judgment on the pleadings after Gov. Maura T. Healey on July 4 signed into law a budget bill that included a provision (Section 113) that immunizes nonprofit institutions of higher education and certain health care nonprofits from Wage Act claims challenging an employer’s monthly payment of wages.
The plaintiff argued that the retroactive application of Section 113 to her suit violated her right to due process under the U.S. Constitution and the Massachusetts Declaration of Rights.
However, Judge Richard G. Stearns found the retroactive application was consistent with due process under a three-part balancing test recognized in the 1st U.S. Circuit Court of Appeals.
In particular, Stearns found Section 113 served the public interest as evidenced by testimony by supporters of the measure before the Legislature.
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