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

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 …

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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 …

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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 …

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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 …

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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 …

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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 …

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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) …

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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 …

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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 …

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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 …

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