Marc L. Terry

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

  • 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)

COVID-19 and Masks: Updated Guidance from OSHA and Massachusetts

On the heels of the U.S. Centers for Disease Control and Prevention’s (“CDC”) revised guidance that fully-vaccinated people no longer need to wear masks in many indoor or outdoor settings, the Occupational Safety and Health Administration (“OSHA”) announced May 17th …

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US Department of Labor Withdraws Independent Contractor Rule

On May 6, 2021, President Biden’s administration halted implementation of a rule published under the Trump administration which would have made it easier for businesses to classify workers as independent contractors instead of employees. The Trump regulation was supported by …

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Employer Tax Credits for Employee Paid Leave Due to COVID-19 Applies to Government Entities

The Internal Revenue Service (IRS) recently published guidance defining “Eligible Employer” for purposes of the American Rescue Plan Act of 2021 (ARPA) tax credits.     Under ARPA, certain employers can claim refundable tax credits that reimburse them for the costs of providing …

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COVID-19 Mandates in the Workplace

As we pass the one year anniversary of the COVID-19 Pandemic, new rules regarding COVID-19 mandates in the workplace are imminent. The Occupational Safety and Health Administration (“OSHA”) is preparing an Emergency Temporary Standard (the “Emergency Standard”) to better protect …

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American Rescue Plan Act of 2021 and the anticipated Massachusetts COVID-19 Emergency Paid Leave

In lieu of our annual Employment Law Seminar, Mirick O’Connell’s Labor, Employment and Employee Benefits attorneys are hosting a Spring Webinar Series focusing on hot topics in employment law. Attorney Kim Rozak and I presented the second program in the …

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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 …

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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 …

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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 …

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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 …

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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 …

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