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

  • “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
  • “School Law and COVID-19,” On Air with Mirick O’Connell legal podcast, April 3, 2020 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)

Employers Must Ensure Compliance with the Families First Coronavirus Response Act as they Re-Open and Recall Employees from Furlough

The U.S. Department of Labor recently issued new Questions and Answers regarding its interpretation of the Families First Coronavirus Response Act (“FFCRA”). In relevant part, the DOL made clear that if an employer is calling employees back from furlough, the …

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Update: Families First Coronavirus Act

The Department of Labor issued new guidance over the weekend regarding the Families First Act, including important definitions and clarifications.  I broke down the new guidance into the overall framework of the new EFMLA and EPSLA in this recorded webinar. …

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Department of Homeland Security Relaxes Standards for Verifying Work Authorization

  As a result of the COVID-19 pandemic, the Department of Homeland Security has relaxed its standards requiring in-person review of work authorization documents required to complete the I-9 form. Specifically, if an employer has no employees physically present at a …

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Congress Passes Families First Coronavirus Response Act

On March 18, 2020, Congress passed a bill entitled “Families First Coronavirus Response Act” (the “Act”) aimed at alleviating several major burdens families are currently facing as a result of the coronavirus (COVID-19). The Act, which goes into effect on …

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Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency

Governor Baker signed an Executive Order relieving government boards and committees from compliance with certain Open Meeting Law requirements during the novel Coronavirus (COVID-19) emergency. The Order gives public bodies greater leeway to hold closed-door and remote meetings, so that government agencies …

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The Coronavirus and Its Impact on the Workplace

With cases of the novel coronavirus (COVID-19) significantly on the rise, the World Health Organization declaring the coronavirus outbreak a pandemic, and Governor Baker recently declaring a state of emergency in the Commonwealth, employers should be prepared to address a number …

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NLRB Issues Employer-Friendly “Joint Employer” Definition

On February 25, 2020, the National Labor Relations Board (the “NLRB”) announced the final rule governing “joint employer” status under the National Labor Relations Act. The determination of whether an entity is a “joint employer” with a direct employer for purposes …

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Act Requiring the Hands-Free Use of Mobile Devices Went into Effect Yesterday

On November 25, 2019, the Commonwealth of Massachusetts approved Chapter 122 of the Acts of 2019. Under this Act, operators of motor vehicles cannot use handheld electronic devices while driving. The Act specifically holds that no operator of a motor vehicle shall …

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U.S. Department of Education and U.S. Department of Health and Human Services Updates Joint Guidance on the Applicability of FERPA and HIPAA to Student Records

The U.S. Department of Education and the U.S. Department of Health and Human Services recently issued an update to their Joint Guidance on the Applicability of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and …

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U.S. Department of Labor Issues Final Rule on Joint Employer Regulations Under the Fair Labor Standards Act

On January 12, 2020, the United States Department of Labor (“DOL”) issued its final rule under the Fair Labor Standards Act (“FLSA”) governing joint employer status, which significantly narrows the scope of joint employer liability. Under the prior Administration, the DOL …

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