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Author Archives: Pat Murphy

Plaintiffs’ bar seeks options after ‘Epic’ win for employers

Now that the U.S. Supreme Court has settled the question of the enforceability of class-action waivers in employment arbitration agreements, plaintiffs’ attorneys are weighing their remaining options for protecting workers from widespread violations of state and federal law. The Supreme ...

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Views vary on local impact of Big Law’s ‘salary wars’

Managing partners at small and mid-size firms aren’t anticipating a trickle-down effect on attorney compensation in the Boston market from Big Law’s scramble to offer first-year associates annual salaries of $190,000 or more. Instead, the consensus is that the smaller ...

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Employers toe fine line to avoid misclassification liability

Employers have their work cut out for them if they want to ensure that workers they consider to be independent contractors do not at some point in the future have tenable grounds to claim they should have been classified as ...

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Nursing home entitled to arbitrate wrongful death suit

A wrongful death suit against a nursing home fell within the scope of an arbitration agreement signed by a family member under a power of attorney shortly after the decedent’s admission to the facility, a U.S. District Court judge has ...

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Wage-and-hour class action not subject to arbitration clause

A wage-and-hour class action was not subject to an arbitration clause in a vendor agreement between the defendant and the independent contractor that the plaintiff deliveryman drove for, the 1st U.S. Circuit Court of Appeals has ruled. The defendant, Dynamex ...

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Fired UMass security officers can pursue civil rights claims

Two security officers at the University of Massachusetts-Lowell could sue for violations of their First Amendment rights based on claims they were fired for speaking out publicly against unfair hiring practices and sexual harassment, a Superior Court judge in Massachusetts ...

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Board members, investors avoid liability for executive’s pay

Two former board members and investors in a biotechnology startup had no personal liability under the state Wage Act for compensation due the limited liability company’s former president, the Supreme Judicial Court in Massachusetts has decided. The plaintiff president argued ...

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Severance terms extinguished exec’s right to shares, options

The terms of a software company executive’s severance agreement completely extinguished rights to preferred shares and stock options granted during the periods of his employment, the Massachusetts Appeals Court has found. The plaintiff argued that a general release of claims ...

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Insurance co.’s duty to defend doesn’t include counterclaim

An employment practices liability policy that specified a duty to “defend any claim” did not require the insurance carrier to bear the cost of a compulsory counterclaim against a former employee who sued the insured for wrongful termination, the Massachusetts ...

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Wage Act plaintiff barred from pursuing retaliation claim

A building manager’s complaints about her salary and extended work hours were insufficient to place her employer on notice that she was asserting a right to overtime for purposes of triggering the protections of the Massachusetts Wage Act’s retaliation provision, ...

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