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Murphy, Hesse, Toomey & Lehane, LLP Partners Present for MassLeague’s 2022 Community Health Institute

 

The Massachusetts League of Community Health Centers held their Annual Community Health Institute (“CHI”) in North Falmouth earlier this month. Attorneys Kier Wachterhauser and Nan ONeill, both partners at Murphy, Hesse, Toomey & Lehane, LLP, presented “COVID-19 Now and Later – Navigating the COVID-Related Issues of Today and Preparing for the Changed Workplace of Tomorrow”. They began their presentation with discussing the American Rescue Plan Act (“ARPA”), which was followed by the topic “ARPA: COBRA Premium Coverage”. During the next segment, Mr. Wachterhauser and Ms. ONeill gave an FFCRA and tax credits update. After that update, they outlined the best practices for work at home policies before discussing wage and hour considerations. Finally, Mr. Wachterhauser and Ms. ONeill ended their presentation with the topic of “COVID Issues for the Short- and Long-Term Future”, during which they discussed vaccinations, OSHA, unemployment assistance, and more.

 

Ms. ONeill is a Partner at the firm with 30 years of experience counseling and representing employers in all aspects of traditional labor law and employment.  She has extensive experience in labor arbitration and litigation of employment-related disputes, including discrimination, sexual harassment and wrongful termination matters, before state and federal courts and administrative agencies. As an employment lawyer, in addition to the litigation of employment-related disputes, Ms. ONeill counsels clients on a day-to-day basis on employment compliance issues. Ms. ONeill is a graduate of Boston College and the Georgetown University Law Center, where she served as Articles and Notes Editor of the American Criminal Law Review.

 

Mr. Wachterhauser is a partner at MHTL.  Mr. Wachterhauser represents private and public sector clients in all areas of labor and employment law and maintains a general litigation practice.  Mr. Wachterhauser regularly counsels clients on employment matters, including wage and hour, leave entitlements, and discrimination and harassment matters, as well as the drafting of employment policies and contracts, and represents clients in employment-related litigation before state and federal courts and administrative bodies. Mr. Wachterhauser received his Juris Doctor from Boston University School of Law, where he served as the Editor-in-Chief of the Boston University Law Review. He received a Masters of Arts degree from Northwestern University and graduated from Swarthmore College with honors.

Latest News

United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)

In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).

Legal Updates

United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)

In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).

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