Attorneys & Professionals

James A. Toomey

TEL: (617) 479-5000
EMAIL: jtoomey@mhtl.com

Town Counsel to the Towns of Hanover and Scituate, and general counsel to a number of other municipal entities as well as general counsel to a number of school committees and private schools,  Mr. Toomey's practice focuses on municipal, educationcorporate and labor matters and related litigation. A veteran in the field of municipal law and education law, Mr. Toomey's expertise covers the full range of legal matters affecting municipalities including land use and zoning, environmental and public health issues, licensing, procurement, labor and employment, public education, and related litigation. He is a Past President of the City Solicitors and Town Counsel Association and a member of the National School Board Association's Council of School Attorneys and the School Attorneys Group of the Massachusetts Association of School Committees. Mr. Toomey has successfully represented clients in significant appellate cases before both the state and federal courts. In addition, he conducts seminars and workshops on a variety of legal topics. Mr. Toomey is a graduate of the College of the Holy Cross and Boston College Law School.

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Neponset Valley Chamber of Commerce: Labor & Law Employment Update

MHTL attorneys Katherine Hesse and Kier Wachterhauser will be presenting information regarding important legal issues and developments in the Labor & Employment field at a Neponset Valley Chamber of Commerce (NVCC) event on Thursday, November 15th.  These presentations will include a comprehensive overview of major legislative/regulatory/case law developments, as well as best practices in navigating issues such as marijuana in the workplace and sexual harassment.

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Legal Updates

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Supreme Judicial Court Issues Important Decision Protecting Employers – Back Pay Awards Do Not Constitute “Wages” Under the Wage Act and Thus Are Not Subject To Trebling

In a recent decision, the Massachusetts Supreme Judicial Court (“SJC” or “Court”) declined to classify a court-ordered “back pay” award as “wages” under the Massachusetts Wage Act (“Wage Act”).   In response to a request for briefs from the Court, Murphy, Hesse, Toomey & Lehane, LLP (MHTL), on behalf of its public and private clients, submitted an amicus brief, supporting the defendant employer’s position.   The Greater Boston Chamber of Commerce and the New England Legal Foundation also submitted amici briefs.  This decision – a significant victory for employers – has far-reaching consequences and helps to protect employers from punitive and excessive penalties in many employment contexts.  Had the case been decided for the plaintiffs, it could have had significant ramifications for employers, extending the punitive damage scheme under the Wage Act (strict liability, treble damages, attorneys’ fees, individual liability, etc.) to a myriad of different employment contexts.

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