Updates

Updates

The World Needs to Act

  MHTL supports the international effort to help Ukraine and bring an end to the political and humanitarian crisis that is unfolding.   Too long has the world, and this country also, allowed bad actors to use the weapons of war, including the threat of...

read more

AUTHORIZATION FOR REMOTE PARTICIPATION FOR PUBLIC BODIES AND FOR REPRESENTATIVE TOWN MEETINGS IS EXTENDED THROUGH JULY 14, 2022

On February 12, 2022, the Governor signed Chapter 22 of the Acts of 2022, which extends the authority for remote participation for all public bodies through July 14, 2022. This session law also extends the authority for representative town meetings to meet by remote means, through July 14, 2022. These temporary measures provide public bodies and representative town meetings the ability to choose to continue the now well-established remote meeting protocols, first established back in March of 2020. In response to public demand and interest from cities and towns, the General Court will take the additional time to evaluate long-term action, to decide if remote participation for public bodies and representative town meetings is here to stay. The extended authorization keeps all of the same procedural requirements and safeguards in place from the original authorizations and extensions.

read more

Massachusetts Supreme Judicial Court Clarifies Definition of “Regular Compensation” for Retirement Boards

          In 2018, the Massachusetts Supreme Judicial Court (“SJC”), in a case commonly known as the Vernava decision, declared that vacation or sick pay used to supplement workers’ compensation payments did not constitute “regular compensation” as defined in M.G.L. c. 32, 1.

          Based on the Vernava decision, PERAC issued a memorandum which interpreted the SJC’s Vernava decision as being limited to the calculation of regular compensation for those members who received accidental disability retirement benefits under M.G.L. c. 32, § 7. PERAC instructed all retirement boards to follow its interpretation of Vernava as outlined in the memorandum but not to apply the SJC’s analysis of regular compensation to ordinary disability or superannuation retirement applications.

read more

OSHA Withdraws Vaccination and Testing Emergency Temporary Standard

OSHA has just announced that it is withdrawing this ETS effective immediately. Although OSHA is withdrawing the ETS as an enforceable emergency temporary standard, OSHA is not withdrawing the ETS to the extent that it serves as a “proposed” rule; instead OSHA has indicated that it will prioritize its resources to focus on a permanent COVID-19 Healthcare Standard. Notwithstanding the withdrawal of the ETS for large employers, OSHA continues to strongly encourage the vaccination of workers against the continuing dangers posed by COVID-19 in the workplace.

read more

Murphy, Hesse, Toomey & Lehane, LLP Welcomes Three New Associate Attorneys

Murphy, Hesse, Toomey & Lehane, LLP is delighted to announce the addition of three new associate attorneys, Blair Wigney, Katherine Blum and Mariem Marquetti. Ms. Blum and Ms. Marquetti will primarily be assisting in the firm’s Labor & Employment and Litigation practices, while Ms. Wigney will be focused on the firm’s Corporate & Business and Benefits practices.

read more

The Supreme Court Blocks OSHA Vaccination and Testing Requirements but Upholds HHS Vaccination Requirements

On January 13, 2022, the United States Supreme Court issued a “stay” that prevents OSHA’s Emergency Temporary Standard (“ETS”) from taking effect for the time being. On the same day, the Supreme Court also issued a “stay” that allows the Health and Human Services (“HHS”) mandatory COVID-19 vaccination rule for all Medicare and Medicaid funded facilities to go into effect. Given that both of these rulings involved applications for preliminary or emergency relief, neither of them represents the final word on the enforceability of the vaccine and/or testing mandates, and additional litigation is a certainty as the lower courts further evaluate the legality of the mandates.

read more

New Technical Assistance Updates from the EEOC

In October, the U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 Technical Assistance, providing additional guidance for employers on the interaction between COVID-19 vaccine workplace policies and federal equal employment opportunity (EEO) laws. Here are key updates to the Technical Assistance:

read more

OSHA ISSUES EMERGENCY TEMPORARY STANDARD WHICH REQUIRES A VACCINE MANDATE POLICY WITH AN EXCEPTION FOR WEEKLY TESTING

OSHA issued its much-anticipated Emergency Temporary Standard (ETS) late last week on Thursday, November 4, 2021. In general, the ETS requires employers to establish, implement, and enforce a mandatory COVID-19 vaccination policy. The ETS provides a limited exemption from the vaccine mandate which permits an employer to establish a policy which allows employees to choose either vaccination or regular weekly COVID-19 testing and wear a face covering in the workplace as an alternative to vaccination.

read more

Understanding the Privacy Rule Under HIPAA as an Employer Requiring Proof of Vaccination

The Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) recently published a new guidance on disclosures and requests for information regarding a person’s receipt of the COVID-19 vaccination in relation to the Health Insurance Portability and Accountability Act (more commonly known as HIPAA). As employers continue to develop COVID-19 vaccination policies in the workplace, this guidance may be important.

read more
Latest News

Murphy, Hesse, Toomey & Lehane, LLP Partner Presents at the Mass Bar Association’s 43rd Annual Labor & Employment Spring Conference

  Attorney Sarah Spatafore, a partner at Murphy, Hesse, Toomey & Lehane, LLP, participated as a labor panelist at the Massachusetts Bar Association’s 43rd Annual Labor and Employment Spring Conference earlier this month. Presenters at the conference, held at Suffolk University Law School, were chosen based on experience providing significant thought leadership in the areas of labor and employment law. Among the presenters were several judges and accomplished labor and employment law attorneys, as well as U.S. Secretary of Labor Read More

Legal Updates

The World Needs to Act

  MHTL supports the international effort to help Ukraine and bring an end to the political and humanitarian crisis that is unfolding.   Too long has the world, and this country also, allowed bad actors to use the weapons of war, including the threat of nuclear war, to achieve immoral and illegal ends.  Ending the crisis in Ukraine is not enough.  The world needs a solution, short of violence and war, to make sure that bad actors and those who Read More

Quincy, MA

Crown Colony Plaza
300 Crown Colony Drive, Suite 410
P.O. Box 9126
Quincy, MA 02169-9126

Boston, MA

75-101 Federal Street
Boston, MA 02110

Tel: (617) 479-5000
Tel: (888) 841-4850
Fax: (617) 479-6469

Springfield, MA

One Monarch Place, Suite 1310R
Springfield, MA 01144

Join Our Newsletter


By submitting this form, you are consenting to receive marketing emails from: Murphy, Hesse, Toomey & Lehane, 300 Crown Colony Drive, Quincy, MA, 02169, http://www.mhtl.com. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact

© 2022 Murphy, Hesse, Toomey & Lehane, LLP. All Rights Reserved. Website by Interactive Palette