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Massachusetts Federal District Court Weighs in on the Existence of a Duty of Reasonable Care Between a Public School and a Student at Foreseeable Risk of Suicide
Posted: /in News /by Heather McCarthyMassachusetts courts have not hesitated to recognize that public schools owe certain duties to their students. On July 1, 2024, the United States District Court for the District of Massachusetts issued a decision in Doe v. City of Northampton, No. 23-10358-MGM, adopting a Magistrate Judge’s report and recommendation relative to a Defendant City’s motion to […]
Liz Valerio and Nick Dominello Presented at 2024 MASC Summer Institute
Posted: /in Events, News /by Heather McCarthyOn Friday, July 12th Liz presented at the 2024 Massachusetts Association of School Committees (MASC) Summer Institute. Liz hosted a workshop on preparing for collective bargaining. On Saturday, July 13, 2024 Nick hosted a workshop on challenges in collective bargaining.
First Circuit Affirms Decision Dismissing Free Speech Retaliation Claim by Teacher Based on Pre-Employment Social Media Posts
Posted: /in News /by Heather McCarthyOn June 28, 2024, the United Stated Court of Appeals for the First Circuit issued a decision in MacRae v. Mattos, No. 23-1817, affirming a District Court’s grant of summary judgment in favor of the defendants, Hanover Public Schools (the “District”) and two District administrators who were alleged to have retaliated against a teacher for […]
U.S. Court of Appeals Affirms Denial of Student’s Preliminary Injunction in “There Are Only Two Genders” T-Shirt Case
Posted: /in News /by Heather McCarthyIn June, 2023, the federal District Court for Massachusetts declined to issue a preliminary injunction that had been requested by a student in L.M. v. Town of Middleborough, No. 1:23-cv-11111-IT. The student sought to enjoin the school defendants from enforcing the school dress code to prohibit the student wearing a T-shirt with the message “THERE […]
Appeals Court Clarifies the Three-Stage Burden Shifting Test in Cases Alleging Retaliation in Violation of G.L. Chapter 150E
Posted: /in News /by Heather McCarthyIn City of Newton v. Commonwealth Employment Relations Board (“CERB”), No. 23-P-455 (May 22, 2024), the Appeals Court has clarified the three-stage burden shifting test that applies in a case alleging retaliation for the exercise of protected rights by a union member where the claim relies on circumstantial evidence of the employer’s retaliatory motive. The […]
Appeals Court Reiterates Vacation Time Accrued Under the Terms of a Contract is Protected by the Wage Act
Posted: /in News /by Heather McCarthyOn May 14, 2024, the Appeals Court issued a summary decision in Convey v. Commonwealth of Massachusetts & another, 22-P-930, holding that vacation time accrued under the terms of a collective bargaining agreement (“CBA”) constituted “wages” protected by the Wage Act and, therefore, could not be bargained away by the Union. The plaintiff, an adult […]
Ann Marie Noonan Presents at MMHR HR101 Boot Camp
Posted: /in Events, News /by Heather McCarthyOn Thursday, May 9, 2024 Ann Marie presented at the Massachusetts Municipal Human Resources (MMHR) Boot Camp. Ann Marie presented on Labor Law Updates.
U.S. Department of Education Publishes New Title IX Regulations Requiring Policy Updates and Training
Posted: /in News /by Heather McCarthyLast month, the U.S. Department of Education (“DOE”) released new Title IX regulations that will go into effect on August 1, 2024. These regulations require training and changes to school district policies and procedures regarding sexual harassment. Among the changes are: Definitions The new regulations more broadly define the conduct that may be investigated by […]
Nick Dominello to Present at 2024 COSA School Law Seminar
Posted: /in Events, News /by Heather McCarthyOn Thursday, April 4, 2024 Nick will present at the 2024 Council of School Attorneys (COSA) School Law Seminar in New Orleans. Nick will be presenting a workshop on collective bargaining.
Liz Valerio Presents at MMA Monthly Meeting
Posted: /in Events, News /by Heather McCarthyOn Wednesday, March 27, 2024 Liz presented at the Massachusetts Mayor’s Association (MMA) Monthly Meeting. Liz will be hosting a workshop on collective bargaining.