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NLRB Finds that Broad Confidentiality and Non-Disparagement Clauses in Severance Agreements Violate the Federal NLRA
Posted: /in News /by Heather McCarthyOn February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023). The decision held that overly broad confidentiality and non-disparagement provisions unlawfully interfere with rights guaranteed by the federal National Labor Relations Act (“NLRA”). The Board’s decision significantly restricts employers’ use of non-disparagement and confidentiality […]
Supreme Judicial Court Rules That Select Board’s Civility Policy for Public Comment Sessions Violates the Massachusetts Declaration of Rights
Posted: /in News /by Heather McCarthyOn March 7, 2023 the Supreme Judicial Court issued a decision in Barron v. Kolenda, No. SJC-13284. The decision held that a policy of the Southborough Select Board that imposed civility requirements on speakers at the Board’s public comment sessions during its open meetings violated two provisions of the Massachusetts Declaration of Rights – Article […]
Attorneys Liz Valerio and Nick Dominello to Present at Annual MASPA Law Day
Posted: /in Events, News /by Heather McCarthyAttorneys Liz Valerio and Nick Dominello will present at the annual School Law Day conference of the Massachusetts Association of Personnel Administrators (MASPA) on March 17, 2023. Liz and Nick will discuss employee conflicts and leaves, including paid parental leave.
Ann Marie Noonan to Present at Massachusetts Municipal Association (“MMA”) Webinar
Posted: /in Events, News /by Heather McCarthyOn Tuesday, March 7, 2023 Ann Marie will present at the MMA webinar. Ann Marie will be on a panel discussing legal considerations for social media policies and practices for municipalities and their governing bodies. MMA to host social media best practices webinar on March 7 MMA webinar covers social media best practices for […]
First Circuit Rejects Professor’s First Amendment Challenge to Public Sector Bargaining
Posted: /in News /by Heather McCarthyThe United States Court of Appeals for the First Circuit has twice held that a public employer does not violate the First Amendment of the United States Constitution when it authorizes a union to serve as the exclusive representative in collective bargaining for employees in a designated bargaining unit. Reisman v. Associated Facs. Of the […]
Federal Court Grants Plaintiff’s Motion to Enjoin Enforcement of a No Trespass Order Prohibiting Entry on to School Premises During School Hours or at Any School Sponsored Event
Posted: /in News /by Heather McCarthyHistorically, courts have disapproved of decisions that broadly ban persons from entering on school property based on questionable public safety concerns. Keeping in line with this precedent, on January 24, 2023, a judge of the United States District Court for the District of Massachusetts granted the plaintiff’s motion for a preliminary injunction in Worthley v. […]
Federal Court Denies Plaintiff’s Motion to Enjoin Enforcement of a School Committee’s Policy on Public Participation at School Committee Meetings
Posted: /in News /by Heather McCarthyOn January 20, 2023, a judge on the United States District Court for the District of Massachusetts noted that the rights of free speech and assembly, while fundamental in our democratic society, do not mean that everyone is entitled to address a group at any public place and at any time. The judge denied the […]
Federal Court Dismisses Claim That School Violated the Law By Counseling Students About Gender Identity Without Contacting Parents
Posted: /in News /by Heather McCarthyOn December 14, 2022, a judge in the United States District Court for the District of Massachusetts issued a decision in Foote, et al. v. Town of Ludlow, et al., No. 22-30041 (2022) which has garnered significant attention in the media. The court dismissed a lawsuit filed by two parents who claimed that the Ludlow […]
Department of Family and Medical Leave Releases 2023 PFML Workforce Notifications
Posted: /in News /by Heather McCarthyThe Massachusetts Department of Family and Medical Leave (“Department”) recently published its 2023 workforce notifications. These notifications, required under the Paid Family and Medical Leave Act (“PFML”) include a poster, notices, and rate sheets that employers are to post or distribute. Massachusetts employers (excluding individual and public employers who have not adopted the PFML) are […]
Massachusetts Legislature Amends Student Discipline Law
Posted: /in News /by Heather McCarthyStarting November 8, 2022, Massachusetts schools must take additional steps to re-engage students before using suspension and expulsion as disciplinary measures. As part of An Act Addressing Barriers to Care for Mental Health, St. 2022, c. 177, § 29, the Massachusetts Legislature amended M.G.L. c. 71, §37H ¾(b) to include new language relevant to student […]