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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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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New England Biz Law Update
