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Federal Court Denies Plaintiff’s Motion to Enjoin Enforcement of a School Committee’s Policy on Public Participation at School Committee Meetings

On 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

On 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

The 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

Starting 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 […]

VDH Files Amicus Brief for M.A.S.C. in Appeal of Decision Sustaining Local Board’s Policy Barring Disruption During Public Comment Sessions

On November 2, 2022, the Supreme Judicial Court will hear oral argument in Barron, et al. v. Southborough Board of Selectmen, et al., No. SJC-13284. The case is an appeal from a Superior Court decision that rejected a challenge to a local select board’s enforcement of its policy against speech during the public comment session […]

Four VDH Attorneys Named 2022 Massachusetts Super Lawyers and Rising Stars

Robert D. Hillman and John Foskett have been named Massachusetts Super Lawyers for 2022 and Nicholas J. Dominello and Jennifer F. King have been named Massachusetts Rising Stars.  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 […]

Massachusetts Announces 2023 Paid Family and Medical Leave Contribution Rates and Benefit Amounts

The Massachusetts Department of Family and Medical Leave recently announced changes to the employer contribution rates and benefit amounts under the Paid Family Medical Leave Act (PFMLA). Effective January 1, 2023, the contribution rate for employers with 25 or more covered individuals will be reduced to 0.63% of covered employees’ eligible wages from the current […]

SJC Holds that Certain Crimes Committed After Retirement Can Result in Pension Forfeiture

On September 6, 2022, the Supreme Judicial Court issued a decision in Mahan v. Boston Retirement Board, No. 13208 (2022), holding that the pension forfeiture provisions of G.L. c. 32, § 15(3) and (4) apply to an individual whose criminal activity occurs after the individual has retired from public service. The SJC’s conclusion means that […]

SJC Upholds MIAA’s Decision That Fifth-Year Senior is Not Eligible for Athletic Participation

On August 29, 2022, the Supreme Judicial Court issued a decision in Abner v. Massachusetts Interscholastic Athletic Association, No. 13224 (2022). The court upheld a determination by the Massachusetts Interscholastic Athletic Association (“MIAA”) that a high school senior who had repeated his junior year and had played four prior years of high school athletics was […]

Follow Up: Statute Limits Impacts of SJC Decision that Payments Made in Lieu of Vacation Time Are Not Included in Pension Calculation

On August 4, 2022, Governor Baker signed into law an act that limits certain impacts of the Supreme Judicial Court’s recent decision in Joseph O’Leary v. Contributory Retirement Appeal Board, No. 13229 (2022). The SJC concluded that payments made in lieu of vacation leave are not “regular compensation” for purposes of retirement calculations. The Legislature […]