Marc L. Terry
Partner
Legal Administrative Assistant Lisa J. Gallo
Marc is a partner in the Firm's Labor, Employment and Employee Benefits Group and leads its Public Education practice. He concentrates his practice in the representation of public school districts, municipalities and other public entities as well as private employers in labor and employment law. He has been the lead negotiator for numerous collective bargaining negotiations, successfully defended clients in labor arbitrations, against unfair labor practice charges and appeals to the Civil Service Commission, and has handled numerous representation proceedings.
Marc advises clients in a wide range of labor and employment-related issues, such as investigating employee misconduct; imposing employee discipline; negotiating employment, separation and non-compete agreements; drafting employment policies; managing employees with medical conditions under the Family and Medical Leave Act and the Americans with Disabilities Act; conducting reductions-in-force and complying with wage and hour law, including the Massachusetts independent contractor law.
In his public school practice, Marc also advises districts regarding school policy, student discipline, student rights, the budget process, professional licensing requirements, the non-renewal of professional staff and other education-related issues.
Marc defends clients against allegations of sexual harassment, employment discrimination, wrongful termination, wage and hour violations and Family and Medical Leave Act violations. Marc regularly represents clients before the Department of Labor Relations, the American Arbitration Association, the Civil Service Commission, the National Labor Relations Board and the state and federal courts.
In 2008, Marc was selected by the Worcester Business Journal as one of "40 under Forty" professionals honored for their professional excellence and community service.
Bar & Court Admissions
- Massachusetts
- U.S. District Court for Massachusetts
- Suffolk University Law School JD, cum laude (1996)
- Boston University BA (1991)
- Successfully defended employer in grievance arbitration regarding the termination of employee for misconduct
- Successfully defended school district in lengthy suspension of teacher who compromised exam security protocols
- Negotiated performance-based compensation in teachers’ collective bargaining agreement
- Negotiated significant health insurance cost containment measures for numerous public, unionized employers
- Successfully defended municipal employer in termination of police officer for abuse of authority, fraud and extortion.
- Represented numerous clients in wage and hour investigations by Attorney General’s Office and U.S. Department of Labor
- Obtained favorable resolution to unfair labor practice claim alleging discrimination against school superintendent
Publications/Presentations
- Charter School Legal Update: “Recent Court Decision Clarifies the Massachusetts Independent Contractor Law Does Not Apply to Public Employers,” Mirick O’Connell Client Alert, September 26, 2022
- Public Education Legal Update: “Recent Court Decision Clarifies the Massachusetts Independent Contractor Law Does Not Apply to Public Employers,” Mirick O’Connell Client Alert, September 26, 2022
- Public Education Legal Update: “Massachusetts "CROWN" Law Prohibits Discrimination Based on Hairstyle,” Mirick O’Connell Client Alert, July 28, 2022
- Charter School Legal Update: “Massachusetts "CROWN" Law Prohibits Discrimination Based on Hairstyle,” Mirick O’Connell Client Alert, July 28, 2022
- Charter Schools Legal Update: “Remote Public Meetings Extended Through March 31, 2023,” Mirick O’Connell Client Alert, July 19, 2022
- Public Education Legal Update: “Remote Public Meetings Extended Through March 31, 2023,” Mirick O’Connell Client Alert, July 19, 2022
-
Charter Schools Legal Update: “Scope of Supreme Court Decision Allowing Coach to Pray on Field Limited,” Mirick O’Connell Client Alert, June 29, 2022
-
Public Education Legal Update: “Scope of Supreme Court Decision Allowing Coach to Pray on Field Limited,” Mirick O’Connell Client Alert, June 29, 2022
- “Massachusetts "POST" Commission Enjoined From Requiring Police Officers to Answer Certain Questions on New Questionnaire relating to Police Officer Recertification,” Mirick O’Connell Client Alert, June 29, 2022
- “U.S. Department of Education Releases Proposed Revisions to Title IX Regulations,” Mirick O’Connell Client Alert, June 28, 2022
- “Recent Federal Court Case Changes Rules on Authority Over Voluntary Transfers,” Mirick O’Connell Client Alert, June 21, 2022
- "How to Navigate Mental Health Issues under the ADA," Massachusetts Associations of School Business Officials (May 18, 2022) (co-presenter)
- Public Education Legal Update: “Don't Delay: MA Employers Are Now Strictly Liable for Three Times the Amount of Wages for Late Payments With No Safe Harbor for Paying in Full Prior to Suit!” Mirick O’Connell Client Alert, April 8, 2022
- Charter Schools Legal Update: “Don't Delay: MA Employers Are Now Strictly Liable for Three Times the Amount of Wages for Late Payments With No Safe Harbor for Paying in Full Prior to Suit!” Mirick O’Connell Client Alert, April 8, 2022
- Public Education Legal Update: “Remote Public Meetings Authorized Through July 15, 2022,” Mirick O’Connell Client Alert, February 22, 2022
- Public and Municipal Law Update: “Remote Public Meetings Authorized Through July 15, 2022,” Mirick O’Connell Client Alert, February 22, 2022
- “U.S. Department of Education Announces Timeline for Revisions to Title IX Regulations,” Mirick O’Connell Client Alert, December 14, 2021
- "Massachusetts Legislature Enacts School Anti-Lunch Shaming Law," Mirick O'Connell Client Alert, December 2, 2021
- “Handling Public Comment and Public Records Requests in Light of Critical Race Theory, COVID-19 and Other Contentious Issues,” Mirick O’Connell Client Alert, October 14, 2021
- “Supreme Court Finds School District Violated First Amendment for Off-Campus Speech,” Mirick O’Connell Client Alert, June 25, 2021
- “Remote Public Meetings Authorized Through April of 2022,” Mirick O’Connell Client Alert, June 18, 2021
- “Remote Public Meetings Authorized Through April of 2022; New Law Extends Additional COVID-19 Emergency Rules,” Mirick O’Connell Client Alert, June 18, 2021
- "Workplace Investigations in Today's World," Mirick O'Connell Spring Webinar Series (May 21, 2021)
- “Juneteenth and the School Year Calendar,” Mirick O’Connell Client Alert, May 4, 2021
- “Employer Tax Credits for Employee Paid Leave Due to COVID-19 Applies to Government Entities,” Mirick O'Connell Client Alert, April 29, 2021
- “Board of Elementary and Secondary Education Adopts Emergency Regulations Addressing Student Learning Time,” Mirick O’Connell Client Alert, December 18, 2020
- “Reopening of Public Schools during COVID-19 Pandemic,” On Air with Mirick O’Connell legal podcast (September 23, 2020)
- “Legal Issues for Public Schools for Re-opening during Covid-19 Pandemic,” Rhode Island Lawyers Weekly Sidebar (guest) (September 2020)
- “New Municipal Relief Act has Important Provisions for School District Service Contracts and Emergency Educator Licensing,” Mirick O’Connell Client Alert, June 18, 2020
- “COVID-19 Impact on Public Schools,” On Air with Mirick O’Connell legal podcast (April 3, 2020)
- “Extended Closure due to COVID-19 Raises Multiple Issues for Schools,” Mirick O’Connell Client Alert, March 30, 2020
- “Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency,” Mirick O’Connell Client Alert, March 13, 2020
- "Superintendent Contracts - Dos and Don'ts," Joint Massachusetts Association of School Superintendents and Massachusetts Association of School Committees (November 3, 2016)
- "Changes in Overtime Law and What it Meands for Your Business," MetroWest Chamber of Commerce (June 7, 2016)
- “You Finished Negotiating Your CBAs. Now What?: Mid-Term Bargaining and Grievance Administration,” Massachusetts Association of School Business Officials (April 14, 2016)
- “Wheel of Misfortune: Managing the Accommodation Process,” Mirick O’Connell Annual Labor, Employment and Employee Benefits Seminar (April 6, 2016)
- "Knotty & Emerging Issues in Collective Bargaining,"Joint Massachusetts Association of School Committees and School Superintendents Conference (November 6, 2015)
- "The Family and Medical Leave Act," Massachusetts Association of School Personnel Administrators (March 31, 2015)
- “Legal Update,” Massachusetts Municipal Personnel Association (March 6, 2014)
- “Bargaining Teacher Evaluations: Where Are We Now?,” Joint Massachusetts Association of School Committees and School Superintendents Conference (November 6, 2013)
- “Employee Handbooks: An Employer’s Best Friend and Worst Enemy,” MetroWest Human Resource Management Association (October 8, 2013)
- “Teacher-on-Student Bullying: Is Your Massachusetts School District Ready for this Test?,” Northeastern University Law Journal, Vol. 5, No. 1, Spring 2013
- “School Bullying 102: Teacher on Student Bullying”, American School Board Journal, Vol. 199, No. 12, December 2012
- “Social Media: Rights and Risks for School Districts as Employers and Public Institutions,” Joint Massachusetts Association of School Committees and School Superintendents Conference (November 11, 2011 and November 4, 2010)
- “Health Coverage & Collective Bargaining: New Options, New Strategies,” Massachusetts Association of School Superintendents Executive Institute (July 14, 2011)
- “Collective Bargaining for the HR Professional: From Bargaining Basics to Advanced Strategies,” Massachusetts Association of School Personnel Administrators (November 18, 2010)
- “Bargaining for Merit Pay,” Executive Committee of the Massachusetts Association of School Superintendents (October 21, 2010)
- “The New Family and Medical Leave Act,” Worcester Chamber of Commerce,(April 24, 2009); Mirick O’Connell Labor, Employment & Employee Benefits Annual Seminar (March 26, 2009); Worcester County Bar Association, Bench/Bar Day (March 12, 2009); Mirick O’Connell Seminar Series (January 13, 2009); and MetroWest Human Resource Management Association (January 8, 2009)
- “The Family and Medical Leave Act, the Americans with Disabilities Act and Workers’ Compensation Act,” North Central Chamber of Commerce (October 15, 2008)
- “How to Handle Conflicts and Confrontations: Best Practices for Employers,” Corridor Nine Chamber of Commerce (April 17, 2008)
- “Addressing Two Recurring HR Nightmares: Disciplining the Employee who is Setting You Up for a Lawsuit; and Managing the Employee Who Poses a Threat in the Workplace, Either to Himself or Others,” Mirick O’Connell Labor, Employment & Employee Benefits Annual Seminar (November 14, 2007)
- “Advanced Topics under the ADA,” MetroWest Human Resource Management Association, (April 14, 2009);Mirick O’Connell Labor, Employment & Employee Benefits Annual Seminar, (November 14, 2008)
- “The Family and Medical Leave Act, the Americans with Disabilities Act and Workers’ Compensation Act,” North Central Chamber of Commerce (October 15, 2008)
- “How to Handle Conflicts and Confrontations: Best Practices for Employers,” Corridor Nine Chamber of Commerce (April 17, 2008)
- “Addressing Two Recurring HR Nightmares: Disciplining the Employee who is Setting You Up for a Lawsuit; and Managing the Employee Who Poses a Threat in the Workplace, Either to Himself or Others,” Mirick O’Connell Labor, Employment & Employee Benefits Annual Seminar (November 14, 2007)
- “Advanced Topics under the ADA,” MetroWest Human Resource Management Association, (April 14, 2009); Mirick O’Connell Labor, Employment & Employee Benefits Annual Seminar, *November 14, 2007)
- "Supreme Court Refuses to Enforce 'No Retroactive Designation Rule' in Ragsdale v. Wolverine World Wide, Inc.," Massachusetts Bar Institute Section Review, Vol. 4. No. 3, Summer 2002
Professional / Community Affiliations
- National Council of School Attorneys, Board of Directors (2017-present)
- Ashland School Committee, vice chair (2015-present)
- Massachusetts Council of School Attorneys, Executive Committee (2009-2012), president (2011)
- MetroWest Chamber of Commerce, Board of Directors (2011-2016), chair (2013)
- Leadership MetroWest, Board of Directors (2006-2015); chair (2012-2014); graduate of the Leadership Academy (2004)
Employers Must Remember Their Obligations under the Massachusetts Pregnant Workers Fairness Act
The Massachusetts Pregnant Workers Fairness Act (the “Act”), which went into effect on April 1, 2018, amended Massachusetts General Law c. 151B to include “pregnancy or a condition related to pregnancy, including, but not limited to, lactation, or the need …
[ load webpage to read more ]DOL Proposes to Revert the Independent Contractor Analysis to the Employee-Friendly Totality-Of-The-Circumstances Analysis
On October 11, 2022, the Department of Labor (“DOL”) issued a new proposed rule, entitled “Independent Contractor Status Under the Fair Labor Standards Act,” for determining whether an individual is an independent contractor or an employee under the Fair Labor …
[ load webpage to read more ]EEOC Issues Updated Guidance Regarding COVID Screening by Employers
On July 12, 2022, the Equal Employment Opportunity Commission issued updated guidance for employers regarding COVID-19 testing and accommodations. Perhaps most impactful, the EEOC altered its position regarding employers testing employees for COVID-19 as part of a mandatory screening prior …
[ load webpage to read more ]Don’t Delay: MA Employers Are Now Strictly Liable for Three Times the Amount of Wages for Late Payments With No Safe Harbor for Paying in Full Prior to Suit!
Under the Massachusetts Wage Act (the “Wage Act”), if an employee voluntarily quits their employment, the employer must pay the employee their final wages, including any earned, unused vacation pay, on the employer’s next regular pay day. However, when an employee …
[ load webpage to read more ]The Times They Keep A-Changing: The New Illinois Restrictions on the Use of Non-Compete and Non-Solicit Agreements
The state-by-state non-compete reform movement keeps rolling – this time in the state of Illinois. Effective January 1, 2022, the Illinois Freedom to Work Act has dramatically changed the landscape for employers in that state who desire to use non-compete …
[ load webpage to read more ]OSHA Withdraws COVID-19 ETS, But Signals That It Is Moving Forward with Final Rule
On January 25, 2022, OSHA announced the withdrawal COVID-19 Vaccination and Testing Emergency Temporary Standard (the “ETS”). In the announcement, OSHA stated that although it “is withdrawing the [ETS] as an enforceable emergency temporary standard, [it] is not withdrawing the …
[ load webpage to read more ]Supreme Court Stays OSHA’s COVID ETS
The OSHA COVID ETS is once again stayed. On January 13, 2022, the United States Supreme Court stayed OSHA’s Emergency Temporary Standard which required that employers with 100+ employees require employees to either (a) become vaccinated against COVID-19; or (b) …
[ load webpage to read more ]The District of Columbia’s Aggressive Ban on Non-Compete Agreements Likely to Take Effect in 2022
In December 2020, the District of Columbia Council passed and in January 2021, Mayor Muriel Bowser signed legislation entitled the Ban on Non-Compete Agreements Amendment Act of 2020 (the “DC Act”). While the effective date of the Act was delayed …
[ load webpage to read more ]Don’t Forget! Minimum Wage Rates in Massachusetts Increase, Effective January 1, 2022
The minimum wage in Massachusetts will increase from $13.50 to $14.25 an hour, effective January 1, 2022. In addition, the minimum wage for tipped employees who make more than $20/month in tips will increase from $5.55/hour to $6.15/hour. Employers may …
[ load webpage to read more ]CDC Shortens COVID-19 Related Isolation and Quarantine Period, and Distinguishes Between Vaccinated Individuals With/Without Booster
On December 27, 2021, the CDC issued updated guidance which significantly shortens the periods of isolation and quarantine it recommends for COVID-related diagnosis and/or exposure. Specifically, the CDC now recommends that individuals who test positive for COVID-19 (regardless of vaccination …
[ load webpage to read more ]
