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Federal Court Rules that Whether a Part-Time Assignment is a Reasonable Accommodation for a Full-Time Teacher with a Disability is Dependent on the Specific Facts
Posted: /in News /by Heather McCarthyIn a recent decision the United States District Court for the District of Massachusetts has ruled that a request by a full-time teacher to work part-time for medical reasons may constitute a reasonable accommodation under the federal and Massachusetts statutes which bar discrimination against an employee with a qualifying disability. In Incutto v. Newton Public […]
Attorneys Liz Valerio and John Foskett to Present at MASBO Law Institute Workshop
Posted: /in News /by Heather McCarthyAttorneys Liz Valerio and John Foskett will present at the Massachusetts School Business Officials (MASBO) Workshop on April 10, 2019. Liz and John will discuss hot topics in school law such as Hourly Employees, Social Media and Copyright Issues, Collective Bargaining, Budget Development and Budget Hearings, Revolving Accounts, Classroom Fundraising, Gifts and Grants, Uniform Grant […]
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 1, 2019. Liz and Nick will discuss public records requests and open meeting law complaints, educator and staff misconduct investigations and provide a brief update on issues associated with medical […]
Massachusetts Council of School Attorneys Annual Meeting
Posted: /in News /by Heather McCarthyThe Massachusetts Council of School Attorneys (COSA) held its annual meeting on December 7, 2018. John Foskett was the Program Moderator and COSA Board of Directors President in 2018. He also presented on a recent DLR Hearing Officer Decision and Commonwealth of Employment Relations Board Decision regarding a Massachusetts School District and the District’s rights […]
Superior Court Issues Ruling on the Merits of Constitutional Challenge to Natick’s Public Comment Policy
Posted: /in News /by Heather McCarthyIn June 2018 we reported that the Middlesex Superior Court had granted a preliminary injunction which enjoined the Natick School Committee from enforcing certain restrictions on public comment at school committee meetings which are set out in its public comment policy [see prior client advisory of 6-7-18]. On November 21, 2018 the court entered a […]
Upcoming Changes to Law Regarding Student Use of Tobacco
Posted: /in News /by Heather McCarthyIn July 2018, the Massachusetts Legislature passed “An Act Protecting Youth from the Health Risks of Tobacco and Nicotine Addiction” to reduce youth access and use of tobacco and nicotine products, including vaporizers. The legislation impacts individuals, businesses, government agencies, as well as educational institutions. The impacts to educational institutions, as outlined below, go into […]
Supreme Court Holds Age Discrimination in Employment Act Applies To All State And Local Governments
Posted: /in News /by Heather McCarthyIn an 8-0 decision issued this morning, the Supreme Court held in Mount Lemmon Fire District v. Guido et al., No. 17-587 (2018) that the federal Age Discrimination in Employment Act (“ADEA”) applies to all state and local governments, regardless of how many employees they have. In 2009, faced with a budget crisis, the Mount […]
VDH Attorney Obtains Significant Appeals Court Ruling on Status of ROTC Student for Child Support
Posted: /in News /by Heather McCarthyIn what appears to be the first reported decision by an appellate court in the country, on October 18, 2018 the Massachusetts Appeals Court has ruled that a student did not “enter the military” or, therefore, become emancipated for purposes of child support when he obtained an Army ROTC scholarship. VDH attorney John Foskett represented […]
Two VDH Attorneys Named 2018 Massachusetts Super Lawyers and Rising Stars
Posted: /in News /by Heather McCarthyRobert D. Hillman has been named a Massachusetts Super Lawyer for 2018 and Nicholas J. Dominello has been named a Massachusetts Rising Star. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, […]
Supreme Judicial Court Discusses Public Policy Exception to Vacating Arbitration Awards
Posted: /in News /by Heather McCarthyOn October 3, 2018, the Supreme Judicial Court sustained an arbitration award reinstating a police officer who had filed a police report that the arbitrator found was “intentionally misleading” but not “intentionally false” and that did not result in a wrongful arrest, a wrongful prosecution, or a deprivation of civil rights. The decision, City of […]