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Massachusetts COVID-19 Emergency Paid Sick Leave Act Nears End

Last year, the Massachusetts legislature passed “An Act Providing For Massachusetts COVID-19 Emergency Paid Sick Leave.” The Act requires all private and public employers within Massachusetts to offer employees leave time for COVID-19 related issues. The program under the Act is scheduled to end on April 1, 2022, or earlier if the Commonwealth determines that […]

Public Employers Must Bargain Over the Methods and Means of Fitness for Duty Examinations

Under Department of Labor Relations/Commonwealth Employment Relations Board precedent a public employer has the nonbargainable prerogative to require employees to undergo fitness for duty examinations. Until recently, however, it was an open question whether the method and means by which these examinations are conducted is a mandatory subject of bargaining. On December 30, 2021, the […]

CDC Reduces Isolation Time for Individuals Exposed to COVID-19

On Monday, December 27, 2021, the Centers for Disease Control and Prevention (“CDC”) shortened its recommended isolation time for individuals exposed to COVID-19. Guidelines now recommend that individuals who are unvaccinated or have not received the vaccine booster quarantine for five (5) days, followed by strict mask use for an additional five (5) days. Individuals […]

SJC Holds That Employers May Not Terminate At-Will Employees for Submitting Rebuttal Statements

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 […]

Nick Dominello to Present at 2021 Massachusetts Association of School Business Officials (“MASBO”) at their December Bi-Monthly Meeting

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.

Liz Valerio and Nick Dominello Presented at 2021 Massachusetts Association of School Committees (“MASC”) and Massachusetts Association of School Superintendents (“MASS”) Annual Joint Conference

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.

The First Circuit Court of Appeals Holds That “Off Campus” Cyberbullying by Students can be a Basis for Discipline without Violating the First Amendment or the Massachusetts Student Speech Statute

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 […]

OSHA’s Emergency Temporary Standards (ETS) on COVID-19 Vaccination and Testing

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, […]

Superior Court Denies Injunction Against DESE and Local District School Mask Mandates

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 […]

OSHA’s Emergency Temporary Standards (ETS) on COVID-19 Vaccination and Testing

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 […]