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Murphy, Hesse, Toomey & Lehane, LLP Partners Present “Navigating the MA PFML”

 

Attorneys Kier Wachterhauser and Nan ONeill, both Partners at Murphy, Hesse, Toomey & Lehane, LLP, presented a training on Massachusetts’ Paid Family Medical Leave (“MA PFML”) this week. The presentation, titled “Navigating the MA PFML”, provided important information for employers and employees to know on the subject. The training began with a PFML refresher which includes the basic information of who’s eligible, reasons for leave, length of leave (including intermittent leave), and benefits and protection. After their refresher, they began by outlining a comparison between federal FMLA (Family Medical Leave Act) and MA PFML. Their next topic was on the integration of MA PFML with other leave and disability laws and employer policies, including concurrence and reasonable accommodation. The end of the training focused on a best practices checklist, a useful tool for any employer in the event of an employee taking leave.

 

Mr. Wachterhauser is a Partner at MHTL and represents private and public sector clients in all areas of labor and employment law while maintaining a general litigation practice within the firm.  He 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. Additionally, he maintains an extensive labor practice, representing clients in the collective bargaining process, arbitration hearings, and proceedings in front of a variety of administrative agencies. He is a regular speaker at industry and trade groups, chambers of commerce, and other organizations on a wide range of labor and employment topics, and he conducts workplace training for organizations of all sizes. 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.

 

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 such as the Massachusetts Commission Against Discrimination. Ms. ONeill’s experience as a traditional labor lawyer includes negotiating collective bargaining agreements and representing employers in labor arbitrations, unfair labor practice proceedings, and union election and decertification proceedings, with a concentration on acute care hospitals. She also counsels clients on a day-to-day basis on employment compliance issues. Additionally, Ms. ONeill frequently conducts manager training sessions on topical legal issues, and is often called upon to conduct internal investigations including complaints of harassment, discrimination, and ethical violations. 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.

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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