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
- “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
- Guest, “Legal Issues for Public Schools for Re-opening during Covid-19 Pandemic,” Rhode Island Lawyers Weekly Sidebar, 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)
- “Teacher-on-Student Bullying: Is Your Massachusetts School District Ready for this Test?,” Northeastern University Law Journal, Vol. 5, No. 1 (Spring 2013)
- “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)
DOL Publishes Model Notices for COBRA Subsidies
As we previously reported, on March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (“ARPA”) into law, which includes a COBRA premium assistance program. Pursuant to ARPA, the Department of Labor (DOL) was instructed to issue model notices …
[ load webpage to read more ]American Rescue Plan Act Contains COBRA Subsidies
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (“ARPA” or the “Act”) into law. The Act creates a six-month subsidy period, from April 1, 2021 to September 30, 2021, during which individuals who lost health …
[ load webpage to read more ]The American Rescue Plan and Paid Leave: What Employers Need to Know
On March 10, 2021, Congress passed the American Rescue Plan Act of 2021. President Biden is expected to sign the Act into law by March 14, 2021. Employers are rightfully eager to learn whether the Act extends the Families First …
[ load webpage to read more ]Massachusetts Federal Court Denies Motion to Dismiss Defamation Claim After Employee is Escorted Out of Work Following Termination
By: Jonathan Sigel, Esq. and Ashlyn Dowd, Esq. The Federal District Court of Massachusetts recently denied a defendant company’s motion to dismiss a defamation claim following the termination of the company’s Vice President. The plaintiff former employee, Sandra Madden, was …
[ load webpage to read more ]EEOC Opinion Letter: Older Workers Benefit Protection Act (OWBPA)
On January 14, 2021, the Equal Employment Opportunity Commission (EEOC) finally issued an opinion letter addressing the long standing issue of whether information about non-U.S. citizen employees working outside of the United States must be included in the information disclosure …
[ load webpage to read more ]Link Fixed! Minimum Wage Increases to $13.50 Per Hour While Holiday and Sunday Premium Pay for Retail Employees Continues Down The Path To Abolishment
As of January 1, 2021, the minimum wage for regular employees (i.e., non-tipped minimum wage employees) increased to $13.50 per hour. The minimum wage is scheduled to increase twice more, to $14.25 and $15.00 per hour, on January 1, 2022 …
[ load webpage to read more ]President Biden Issues Executive Order Regarding Workplace Discrimination
That was quick! On his first day in office, President Joseph Biden issued the Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. With the Executive Order, President Biden instructed each federal agency …
[ load webpage to read more ]COVID-19 Related Updates for Massachusetts Employers
New COVID Relief Bill On Monday, December 21, 2020 the United States Congress passed the Consolidated Appropriations Act, 2021, which includes several provisions aimed at providing COVID-19 relief (the “Relief Bill”). As public employers and employers with less than 500 …
[ load webpage to read more ]EEOC Releases Guidance on Mandatory Vaccinations
With Pfizer’s COVID-19 vaccine receiving emergency approval from the FDA, and emergency approval for Moderna’s vaccine expected shortly, many employers are wondering whether they can require employees to receive the vaccine once it becomes available to the general public. On December …
[ load webpage to read more ]Massachusetts’ Sector Specific Workplace Safety Standards for Office Spaces Updated
Governor Baker’s administration updated Massachusetts’ Sector Specific Workplace Specific Safety Standards for Office Spaces to Address COVID-19 (the “Standards”). While all employers operating office spaces are advised to review the complete Standards, key provisions are: Face coverings: workers and visitors …
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