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Murphy, Hesse, Toomey & Lehane Attorneys Present their Annual Legal Update for Cape Cod Human Resources Association

Nan O’Neill, Sarah Spatafore and Kier Wachterhauser, attorneys at law from Murphy, Hesse, Toomey & Lehane recently presented their Annual Legal Update for the Cape Cod Human Resources Association. This year the topics focused on lessons from the year’s top cases & regulatory and statutory update, Employment Leave in Massachusetts: a refresher and practical guidance on the multitude of Federal and State Leave Laws, and drug testing in the wake of marijuana legalization.

Kier Wachterhauser and Sarah Spatafore presented a comprehensive overview of major legislative, regulatory and case law developments during the past year.  Important cases coming out of the Supreme Court and the Supreme Judicial Court addressed Wage Act damages, overtime exemptions, discrimination laws, and arbitration agreements.   The statutory and regulatory update included an overview of the multitude of recent statutory and regulatory changes, such as increasing minimum wages, MA paid family medical leave, and wage and hour updates from the Department of Labor.

Nan O’Neill gave practical guidance on some of the biggest issues facing employers today, the leave law issue including the implementation of the new MA PFML and the intersection of the often overlapping leave laws including FMLA, ADA, Worker’s compensation, MA Earned Sick Time, domestic leave, and small necessities leave.  The session offered an overview of the major leave laws and practical guidance on implementation and compliance as employers continue to grapple with the intricacies of the PFML.

Kier Wachterhauser focused on drug testing in the wake of the legalization of recreational marijuana in MA, including the conflict between state and federal law, pre-employment testing issues, as well as implementation and constraints regarding random drug testing and reasonable suspicion drug testing.

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Murphy, Hesse, Toomey & Lehane, LLP, Represents Dedham School Committee in Labor Dispute

Kevin Bresnahan, a partner with Murphy, Hesse, Toomey & Lehane, LLP, represented the Dedham School Committee in its recently-concluded collective bargaining with its teachers’ union. After nearly two years of negotiations, the union scheduled a strike vote last week. Attorney Bresnahan filed a petition with the Department of Labor Relations on behalf of the School Committee, and obtained an order to prevent the illegal strike. When the union went forward with the strike vote, a judge in the Norfolk Superior Read More

Legal Updates

LEGISLATURE PASSES LANDMARK SCHOOL FUNDING LEGISLATION

On November 20, 2019, the Massachusetts Legislature voted to approve the Student Opportunity Act (“the Act”). The Governor has ten days to respond to the Act. The Act requires the Commissioner of the Department of Education (“DESE”) to establish statewide targets for addressing persistent disparities in achievement among student subgroups, including in subject matter and relevant grade level. It further requires each superintendent, in consultation with the school committee, to establish local targets, consistent with the targets from DESE.

 

 

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