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.
Attorney Felicia Vasudevan, a partner at Murphy, Hesse, Toomey & Lehane, LLP, received a favorable decision on behalf of her client, Marshfield Public Schools. The Plaintiff appealed the district court’s judgement that upheld a decision of the Massachusetts Bureau of Special Education Appeals (“BSEA”). However, as the notice was filed more than 30 days after entry, the First Circuit ultimately dismissed the appeal for being untimely. The Plaintiff also appealed the district court’s order, denying her motion to vacate. Read More
Following our Alert from March 16, 2023, Civility is Dead – The Supreme Court Rules Municipal Control of Public Speak Limited to Reasonable Time/Place/Manner Restrictions, which discussed the holding to the Supreme Judicial Court’s decision in Barron v. Kolenda and the Town of Southborough (SJC-13284), we promised to bring you more detailed guidance on developing a Public Speak policy for your public body or municipality. The Barron case involved a constitutional challenge to the Town of Southborough’s public comment policy, which attempted to impose a code of civility on members of the public who participated in public comment before public bodies. In Barron, the court interpreted the state constitution to mean that public bodies may request, but not require, that public commentators be respectful and courteous. Instead, a public body may set restrictions on reasonable time, place, and manner comments to ensure that the meeting retains an orderly and peaceable manner.