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Reminder Regarding Changes to Special Education Regulations Effective July 1, 2018
Posted: /in News /by Heather McCarthyThis is an overview of some of the key amendments recently made to the Massachusetts Special Education Regulations regarding students in foster care. These amendments went into effect on July 1, 2018. They are prospective, meaning they apply to placement decisions made after July 1, 2018. Assignments made during the 2017-2018 school year for the […]
Federal Court Decision Outlines Potential Pitfalls of FMLA Retaliation
Posted: /in News /by Heather McCarthyOn July 23, 2018 a federal judge in this district denied a defendant Town’s motion for summary judgment on a Family and Medical Leave Act (“FMLA”) claim brought by a former employee. The employee sued the Town and two supervisors alleging retaliation for taking FMLA leave to care for her ill spouse. The decision is […]
Federal Court Decision Illustrates School District’s Duty to Address Reports of Student-on-Student Harassment Under Title IX
Posted: /in News /by Heather McCarthyThis past spring a judge in this federal district issued an order denying a private school defendant’s motion for summary judgment on a Title IX claim based on alleged student-on-student harassment. The ruling is instructive for all schools, public and private, regarding what facts trigger a school’s duty to take action under Title IX and […]
Basics of the New Massachusetts Paid Family and Medical Leave Law
Posted: /in News /by Heather McCarthyThe following is a summary of several key provisions of the new paid family and medical leave law. It is not intended to cover all aspects of the new law. This law is mandatory for all private sector employers effective January 1, 2019. Because it is a local option statute, public employers will not be […]
Appeals Court Reaffirms that a Police Chief’s Power to Assign Officers Cannot be Subjected to Arbitration
Posted: /in News /by Heather McCarthyIn a decision issued this morning the Appeals Court has reiterated the Massachusetts rule that a police chief’s decisions regarding the assignment of police officers are immune from collective bargaining and arbitration. In Town of Framingham v. Framingham Police Officers Union, No. 17-P-1178 (2018), the court reversed a Superior Court ruling. That ruling had denied […]
Update on Janus Decision
Posted: /in News /by Heather McCarthyAs pointed out in our June 27, 2018 Client Advisory, the Supreme Court released its decision yesterday in Janus v. AFSCME, Council 31, U.S. No. 16-466 (2018), which held that a state statute which allows public sector unions to charge non-member employees an agency service fee for activities connected with their collective bargaining activities as […]
Supreme Court Holds That Requiring Union Agency Service Fees For Public Sector Union Non-Members Is Unconstitutional
Posted: /in News /by Heather McCarthyIn a 5-4 decision released this morning the Supreme Court decided Janus v. AFSCME, Council 31, U.S. No. 16-466 (2018). The Court held that the Illinois statute which allows public sector unions to charge non-member employees an agency service fee for activities connected with their collective bargaining activities as exclusive representative violates the First Amendment […]
Superior Court Judge Orders Temporary Prohibition of School Committee Public Speak Policy
Posted: /in News /by Heather McCarthyOn June 5, 2018, a Middlesex Superior Court judge issued an order enjoining the Natick School Committee from enforcing its public speak policy during meetings. While this order is not a final decision in the case and is binding only on the parties to that lawsuit, it may carry significance for other districts which have […]
Teachers’ Union Could Not Arbitrate the Termination of a Teacher with Fewer Than 90 Days in School District
Posted: /in News /by Heather McCarthyThe Massachusetts Appeals Court held yesterday that a public teachers’ union could not arbitrate on behalf of a former teacher who had worked for fewer than 90 days in the school district. Under the state statute governing teacher dismissals, G.L. c. 71, § 42, the former teacher was an employee at will and, as such, […]
Appeals Court Issues Decision Discussing School District Liability for Student Head Injuries
Posted: /in News /by Heather McCarthyToday, in Stahr v. Lincoln Sudbury Reg’l High Sch. Dist., the Massachusetts Appeals Court affirmed the dismissal of a former student-athlete’s claims against the Lincoln Sudbury Regional High School District for injuries sustained during a varsity field hockey practice. The court dismissed the claims based on its determination that they fit the exception in § […]