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Attorney Karis North Elected President of Massachusetts Municipal Lawyers Association
Congratulations to Murphy, Hesse, Toomey & Lehane, LLP lawyer, Karis North, who on June 8, 2023 was elected President of the Massachusetts Municipal Lawyers Association (“MMLA”). Formed in 1946, MMLA is the Massachusetts municipal law bar association and...
Murphy, Hesse, Toomey & Lehane, LLP Receives Favorable Decision for Town of Dracut
On April 11, 2023, MHTL Attorneys Peter Mello and Madison Harris-Parks represented the Town of Dracut, and successfully obtained a preliminary injunction order requiring, among other things, that the Defendant homeowners cease renting out their pool to the...
Murphy, Hesse, Toomey & Lehane, LLP Back To In-Person For Their 2023 Annual Labor & Employment Law Update
On April 6, 2023, Murphy, Hesse, Toomey & Lehane, LLP hosted their Annual Labor & Employment Law Update, in collaboration with the South Shore Chamber of Commerce, Neponset River Regional Chamber of Commerce, Quincy Chamber of Commerce, and the Metro...
Murphy, Hesse, Toomey & Lehane, LLP Presents Labor and Employment Law Update in Collaboration with the Greater Merrimack Valley Human Resource Association
On April 6, 2023, Murphy, Hesse, Toomey & Lehane, LLP presented their Labor & Employment Law Update, sponsored by the Greater Merrimack Valley Human Resources Association. Several of the firm’s attorneys presented virtually on various legal topics....
EXTENSION OF MUNICIPAL RELIEF MEASURES – INCLUDING OPEN MEETING LAW REMOTE OPTION – SIGNED BY THE GOVERNOR
The option for public bodies in the Commonwealth of Massachusetts to hold public meetings remotely or in a hybrid fashion, which came into play at the onset of the COVID-19 pandemic, has been extended by the General Court for another two years, until March 31, 2025. The Governor signed the legislation, which will be codified at Chapter 2 of the Acts of 2023, on March 29, 2023. Because of the inclusion of an emergency preamble, the law goes into effect immediately.
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).
CIVILITY IS DEAD – THE SUPREME JUDICIAL COURT RULES MUNICIPAL CONTROL OF PUBLIC SPEAK LIMITED TO REASONABLE TIME/PLACE/MANNER RESTRICTIONS
On March 7, 2023, the Supreme Judicial Court ruled in the highly anticipated Barron v. Kolenda and the Town of Southborough (SJC-13284) case. The case brought a constitutional challenge to the Town of Southborough’s (“Southborough”) public comment policy (the “policy”), which imposed a code of civility on members of the public who participated in so-called “public speak” before Southborough boards and committees. In its decision, the Court ruled that Southborough’s policy violated Articles 16 and 19 of the Massachusetts Declaration of Rights.
THE VITAL IMPORTANCE OF IMMIGRATION TO THE UNITED STATES AND THE H-1B PROCESS FOR EMPLOYERS TO HIRE WORKERS FROM ABROAD
Migrants and workers from abroad have been a vital part of the success and growth of the United States since its inception. Indeed, many of our ancestors came from abroad and contributed to shaping our nation’s history. We recognize the many benefits that migration has brought to our country, the talent, knowledge and expertise that workers abroad have brought to our economy, and that the United States would not be the world leader it is today without its diverse workforce.
COMMON-SENSE GUN CONTROL
Gun violence has darkened the doorstep of college campuses, elementary schools, grocery stores, malls, movie theaters, and churches across the United States. Stories of mass shootings have become a familiar part of the news cycle, the recent tragedy at Michigan State University being just one of approximately eighty shootings as of mid-February. But this epidemic is far from inescapable. While no single, simple solution exists, states that have common-sense gun control laws continue to rank lowest in gun violence and gun-related death.
NLRB MARKS RETURN TO HEIGHTENED SCRUTINY OF EMPLOYEE SEVERANCE AGREEMENTS
On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued a decision significantly limiting the use of general confidentiality and non-disparagement clauses in severance and similar agreements with employees. The Board, in McLaren Macomb, 372 N.L.R.B. No. 58, found that an employer violated Section 8(a)(1) of the National Labor Relations Act (“NLRA” or “Act”) when it offered severance agreements to employees that contained broad non-disparagement and confidentiality provisions. In doing so, the NLRB overruled two 2020 decisions that had afforded employers greater leeway with the drafting, use, and offering of similar agreements.
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.
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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