With COVID numbers rising as many charter schools are returning from winter break, questions have been raised regarding adding a booster requirement to staff vaccination policies, and whether it is permissible to require students to submit to a COVID test or…
COVID-19
Education Law Update: Pennsylvania Supreme Court Ends Wolf Administration’s School Mask Mandate
On Friday, December 10, 2021, the Pennsylvania Supreme Court effectively ended the school mask mandate implemented by the Acting Secretary of Health of the Wolf Administration. Local school leaders now have the authority to determine the appropriate COVID-19 mitigation measures…
Understanding the Impact of OSHA’s New COVID-19 Policies on Employers
The Occupational Safety and Health Administration (OSHA) released its long-awaited Emergency Temporary Standard (ETS) requiring employers to implement policies for mandatory COVID-19 vaccination or weekly COVID-19 testing. The ETS applies to private employers with more than 100 employees. While the…
Pennsylvania Education Law Update: Commonwealth Court Determines Mask Mandate in Pennsylvania Schools Will Expire December 4, 2021
On November 16, 2021, the Commonwealth Court ordered the school mask mandate to expire on December 4, 2021. Although the current mask mandate is to expire on December 4, 2021, the opinion by the Commonwealth Court leaves open the possibility…
Emergency Temporary Standard: Understanding the Impact of OSHA’s New COVID-19 Policies on Massachusetts Charter Schools
The Occupational Safety and Health Administration (OSHA) released its long-awaited Emergency Temporary Standard (ETS) requiring employers to implement policies for mandatory COVID-19 vaccination or weekly COVID-19 testing. The ETS applies to private employers with more than 100 employees. While the…
Massachusetts establishes COVID-19 emergency paid leave law
Effective June 7, 2021, a new law will go into effect requiring all Massachusetts employers, regardless of size, to provide COVID-19 emergency paid sick leave (“emergency leave”) to employees. The law also establishes a $75 million COVID-19 Emergency Paid Sick…
Legal Lowdown Podcast – Episode #33 – COVID-19 Testing and Vaccination: A Guide for New York Charter Schools
With vaccination and testing requirements constantly changing, Paul O’Neil and Jaimie Fernand join us to provide a guide for New York Charter Schools.
Legal Lowdown Podcast – Episode #31 – Legal Considerations of Proposed MA COVID-19 Emergency Paid Sick Leave Law
Massachusetts is poised to sign into effect a new COVID-19 emergency paid sick leave law. Greg Vanden-Eykel joins us to discuss the details of the proposed legislation and its impact on employers and employees in the state. Barton Gilman,…
Legal Lowdown Podcast – Episode #30 – Crisis Communications Strategies for Schools
From severe weather to technology breakdowns, even in a non-pandemic world schools can face challenges that, without a plan, can turn into a full-blown crisis. Today, we are joined by public relations expert Gregg Perry and education attorney Matt Plain…
Legal Alert: Important Reversal of New York COVID-19 Student Testing Rule
On February 16th, the New York State Education Department (NYSED) issued guidance (NYSED Guidance) establishing a new rule that public schools in New York cannot require students to consent to COVID-19 testing in order to attend in-person classes. The guidance…
Massachusetts Guidance on Insurance Coverage for COVID-19 Business Interruptions
A recent Massachusetts Superior Court decision provides guidance on insurance claims for loss of business income caused by the coronavirus pandemic. The guidance is not unexpected, but it is not good news for business owners. In the decision, Verveine Crop….
Legal Lowdown Podcast – Episode #28 – IP Considerations for Charter Schools
As schools utilize, implement and enhance their distance learning during the COVID-19 pandemic it has raised some concerns about the legalities of some tools being used in these new virtual classrooms. In this episode, Alex Chiulli joins us to discuss…
Legal Lowdown Podcast – Episode 27 – COVID-19: Legality of Home Schooling and Learning Pods
With the advent of distance/remote learning brought on by COVID-19, many families have been seeking alternatives to educate their children. In many cases this includes homeschooling and learning pods. In this episode, Matt Plain is joined by Pat Hennessy, a…
Employer Update: First Published Court Decision Concerning Reasonable Accommodation Request Related to COVID-19
The United States District Court (D. Mass.), appears to have published the first decision concerning a COVID-related reasonable accommodation request under Federal and Massachusetts law. In the case, Gabriel Peeples v. Clinical Support Options, Inc. (Case No. 3:20-cv-30144-KAR), the Plaintiff,…
Legal Lowdown Podcast – Episode #26 – Charter School Reopenings on the East Coast & West Coast
Amid COVID-19, kids across the country are going back to school. Today, Matt Plain shares how charter schools here on the East Coast are facing this challenge. We are also joined by Mackenzie “Mac” Woods from Osborn Maledon in Arizona…
Legal Lowdown Podcast – Episode #24 – COVID-19 Impact on Family Law
COVID-19 has impacted so many aspects of our lives, but none more important than our families. In this episode, Rui Alves talks about the compounding effect COVID-19 has had on families that have separated, divorced or sharing child custody. Barton…
Legal Lowdown Podcast – Episode #23 – COVID-19 Reopening Liability Risks for MA Charter Schools
With schools venturing into uncharted territory as they prepare to reopen for the new year, Tim Groves joins the program to discuss liability risks for charter schools in Massachusetts. Barton Gilman, LLP · Legal Lowdown Podcast –…
COVID-19 Employer Update: New Guidance Concerning Leave for School Closures Under the FFCRA
With schools in the region re-opening over the next few weeks, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) has provided timely new guidance in the Families First Coronavirus Response Act (FFCRA) Questions and Answers compilation related…
Legal Lowdown Podcast – Episode #22 – Employee Return to Work Requests for MA Schools
While return to work requests from employees working at schools is not new, the element of a global pandemic adds new urgency and confusion to the situation. In this episode, Matt Plain takes a closer look at this…
Legal Lowdown Podcast – Episode #21 – Adult Children And COVID – 19
As colleges and universities prepare to open amid the COVID-19 pandemic, parents of attending students might be surprised to learn that they do not have the same access to information about their children as they did before they turned 18…