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Author Archives: Pat Murphy

Certification standard met in ‘reporting pay’ lawsuit

A former worker for a Chinese restaurant chain could satisfy the numerosity requirement for certification of a class action claim for unpaid “reporting pay,” even though the number of putative class members was unclear, the Massachusetts Supreme Judicial Court has ...

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ADA suit barred by employee’s benefit claims

A former Honeywell employee’s disability discrimination lawsuit was barred by her consistent assertion of total disability in pursuing Social Security Disability Income benefits, a divided panel of the 1st U.S. Circuit Court of Appeals has ruled. Plaintiff Mayra F. Pena ...

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Deadline looms for reinstated payroll reporting requirements

A federal judge has resurrected payroll reporting guidelines adopted during the Obama administration that require large employers to break down wages and salaries according to the sex, race and ethnicity of their employees. On March 4, U.S. District Court Judge ...

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‘Surprise’ verdict spawns primary/excess insurer spat

A decision by a federal judge in Boston provides a rare glimpse into the internal dynamics of the relationship between the primary and excess liability insurers for a personal injury defendant prior to an unexpected multi-million-dollar verdict that sparked a ...

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DOL proposes new ‘joint employer’ rule

The U.S. Department of Labor has proposed a rule revising and clarifying the responsibilities of employers in joint-employer arrangements that features a new four-factor test for determining joint-employer status. The inquiry under the proposed rule focuses on whether the alleged joint ...

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Benefits of business-to-business arbitration on trial

A recent U.S. District Court decision has brought to the front burner the question of whether arbitration actually delivers on its promise of providing a means for the cost-effective and speedy resolution of business disputes. In CellInfo, LLC v. American ...

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Employee suit over ‘imprudent’ 401k investments can proceed

Former employees of Putnam Investments can proceed with an ERISA class action against their former employer and other plan fiduciaries based on allegations that they suffered losses as a result of the investment options selected for their 401(k) plan, the ...

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U.S. Supreme Court hands rare ADR win to workers in 1st Circuit case

The drumbeat of defeat for plaintiffs fighting arbitration clauses has been put on pause at the U.S. Supreme Court — at least temporarily — with a recent decision allowing a New England truck driver to proceed with his wage class ...

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SEC embracing analytics as tool to catch crooked traders

An indictment unsealed in federal court in Boston serves as a stark warning to lawyers and their clients of the increasing regulatory risk posed by the Securities and Exchange Commission’s use of advanced analytics to detect illicit trading activity. On ...

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NLRB poised to revamp ‘joint employer’ test

A divided National Labor Relations Board has proposed a new rule that raises the bar for establishing joint-employer status, effectively reversing one of the board’s more controversial decisions issued when it was controlled by appointees of President Obama. Under the ...

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