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Murphy, Hesse, Toomey & Lehane Attorneys Find Favorable Decision in Appellate Court

 

Kevin Freytag and Michael Maccaro represented the Town of Natick (“Town”) regarding a dispute that arose out of a two year agreement between the Town and a committee of Natick town employee organizations known as the Public Employees Committee (“PEC”). The agreement was regarding an opt-out provision for health insurance which was a cash stipend given in place of health insurance for those that already had coverage from some other source. This employee opted out of an agreement for health insurance then brought suit claiming to be entitled to a cash stipend for the entire two year duration of the agreement even though the employee retired before the end of the first year of the two-year agreement.

 

Thomas E. Forance and Local 1707 of the International Association of Firefighters (“Local 1707”) filed an action that Florance was entitled to a cash stipend for the entire two-year period of the agreement and not just the time he was actually an employee in Natick. The town paid Forance a cash stipend that was prorated to the time that Forance was an employee and then deemed him ineligible to receive any additional benefits due to his status of no longer an employee of the town but a retiree.

 

Attorneys Freytag and Maccaro will be headed back to trial after the appellate court reversed the judgement on behalf of local 1707 and Forance, the judgement was vacated, thus bringing the case back for trial.

Latest News

U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS

On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.

Legal Updates

U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS

On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.

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