On December 17, 2021, the Massachusetts Supreme Judicial Court issued its decision in Meehan v. Medical Information Technology, Inc., reversing the dismissal of the Superior Court. The issue before the court was whether an employer can terminate an at-will employee “simply for exercising the right to file a rebuttal to be included in his personnel […]
On Thursday, December 9, 2021 Nick will present at the MASBO Bi-Monthly Meeting in Milford. Nick will be discussing how to use collective bargaining to increase student achievement.
On Thursday, November 4, 2021 Liz and Nick presented at the MASC/MASS Annual Joint Conference in Hyannis. Liz and Nick discussed trends in collective bargaining and COVID related concerns including vaccine rollout, remote learning options in the future and ongoing expectations for families and staff.
This past June the Supreme Court issued a landmark decision regarding student speech rights in the digital age. In Mahanoy Area Sch. District v. B.L., No. 20-255 (2021), the Court applied the half-century-old decision in Tinker v. Des Moines Indep. Community Sch. District, 393 US 503 (1969), which governs student speech rights under the First […]
On November 16, 2021, the Occupational Safety and Health Administration (“OSHA”) announced that it would suspend the Emergency Temporary Standard (“ETS”) on COVID-19 Vaccination and Testing for the time being. Our office published an advisory on November 5, 2021 addressing employer obligations to comply with the ETS. The ETS went into effect on November 5, […]
Joining a continually increasing number of federal and state courts around the country, a justice of the Hampden Superior Court has denied a request for an injunction against the state-wide school mask mandate first ordered by the Commissioner of DESE on August 25, 2021 and against several local school districts’ school mask policies. In The […]
On November 4, 2021, the Occupational Safety and Health Administration (OSHA) announced an Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing. The ETS takes effect upon publication in the Federal Register, November 5, 2021. Covered employers have thirty (30) days to come into compliance with most aspects of the ETS, including vaccine mandates, but […]
On October 27, 2021, the Department of Elementary and Secondary Education (DESE) issued an updated joint advisory with the Department of Children and Families (DCF) concerning mandated reporting responsibilities for school personnel in cases of suspected child abuse and neglect. The update replaces the previous advisory on the same topic issued in 2010. The updated […]
On October 26, 2021, the Department of Elementary and Secondary Education (“DESE”) extended its statewide school mask mandate until at least January 15, 2022. The mandate requires all students and staff members five (5) years and older to wear masks indoors, regardless of vaccination status, except when eating or drinking. Prior to the extension, the […]
On October 25, 2021, the Supreme Judicial Court held in Russell Berry v. Commerce Insurance Company, (No. 2020-P-1316) that the provision of the Massachusetts Tort Claims Act, G.L. c. 258, §2 (the “Act”) which provides civil tort immunity to any public employee acting “within the scope of his office or employment” did not apply to […]