California forum selection clauses in preliminary agreements for the acquisition of an eyewear company bound a non-signatory buyer that stepped in and purchased the target before the original deal could be closed, a U.S. District Court judge in Massachusetts has ...
Read More »Judge enjoins recidivist do-not-call violators
A federal judge in Boston has issued orders banning a Rhode Island home security installation company and its founder from telemarketing in partial resolution of a Federal Trade Commission complaint alleging the defendants directly and through their agents called more ...
Read More »EEOC commences collection of new payroll data
The U.S. Equal Employment Opportunity Commission has begun the collection of payroll data broken down according to the sex, race and ethnicity of employees following the Trump administration’s loss of a legal challenge to reporting requirements adopted under President Obama. ...
Read More »Massachusetts agency posts final paid leave regulations
The Massachusetts Department of Family and Medical Leave has issued its final regulations for the landmark paid family and medical leave law the state enacted last year. The department promulgated the new rules to clarify procedures, practices and policies in ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »‘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 ...
Read More »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 ...
Read More »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 ...
Read More »
New England Biz Law Update
