• News

Supreme Judicial Court Upholds City of Boston’s COVID-19 Vaccine Mandate Against Challenge by Three Unions

On March 30, 2023, the Supreme Judicial Court issued a decision that clarifies a public employer’s bargaining obligations under G. L. Chapter 150E in the context of a public health emergency – here, the rapid onset of the Omicron variant of COVID-19 in late 2021. In Boston Firefighters Union, Local 718 v. City of Boston, […]

Attorney Jen King to Present at MASBO April Law Institute

Attorney Jen King will present at the Massachusetts Association of School Business Officials (MASBO) April Law Institute on April 12, 2023.  Jen will discuss student discipline law changes.  For full details on the agenda, please click here.  

Governor Healey Extends Remote Meeting Flexibility For Public Bodies

On March 29, 2023, Governor Maura Healey signed into law a bill that extends the temporary provisions pertaining to the Open Meeting Law through March 31, 2025. Specifically, this extension allows public bodies to continue holding meetings remotely without a quorum of the public body physically present at a meeting location. Public bodies that meet […]

NLRB Finds that Broad Confidentiality and Non-Disparagement Clauses in Severance Agreements Violate the Federal NLRA

On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a decision in McLaren Macomb, 372 NLRB No. 58 (2023). The decision held that overly broad confidentiality and non-disparagement provisions unlawfully interfere with rights guaranteed by the federal National Labor Relations Act (“NLRA”). The Board’s decision significantly restricts employers’ use of non-disparagement and confidentiality […]

Supreme Judicial Court Rules That Select Board’s Civility Policy for Public Comment Sessions Violates the Massachusetts Declaration of Rights

On March 7, 2023 the Supreme Judicial Court issued a decision in Barron v. Kolenda, No. SJC-13284. The decision held that a policy of the Southborough Select Board that imposed civility requirements on speakers at the Board’s public comment sessions during its open meetings violated two provisions of the Massachusetts Declaration of Rights – Article […]

Attorneys Liz Valerio and Nick Dominello to Present at Annual MASPA Law Day

Attorneys Liz Valerio and Nick Dominello will present at the annual School Law Day conference of the Massachusetts Association of Personnel Administrators (MASPA) on March 17, 2023.  Liz and Nick will discuss employee conflicts and leaves, including paid parental leave.

Ann Marie Noonan to Present at Massachusetts Municipal Association (“MMA”) Webinar

On Tuesday, March 7, 2023 Ann Marie will present at the MMA webinar.  Ann Marie will be on a panel discussing legal considerations for social media policies and practices for municipalities and their governing bodies. MMA to host social media best practices webinar on March 7   MMA webinar covers social media best practices for […]

First Circuit Rejects Professor’s First Amendment Challenge to Public Sector Bargaining

The United States Court of Appeals for the First Circuit has twice held that a public employer does not violate the First Amendment of the United States Constitution when it authorizes a union to serve as the exclusive representative in collective bargaining for employees in a designated bargaining unit. Reisman v. Associated Facs. Of the […]

Federal Court Grants Plaintiff’s Motion to Enjoin Enforcement of a No Trespass Order Prohibiting Entry on to School Premises During School Hours or at Any School Sponsored Event

Historically, courts have disapproved of decisions that broadly ban persons from entering on school property based on questionable public safety concerns. Keeping in line with this precedent, on January 24, 2023, a judge of the United States District Court for the District of Massachusetts granted the plaintiff’s motion for a preliminary injunction in Worthley v. […]

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 […]