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Mass. AG’s suit vs. Uber, Lyft survives motion to dismiss

Massachusetts Attorney General Maura T. Healey’s lawsuit against Uber and Lyft will continue after a judge on March 25 denied the ride-hailing companies’ request to toss the case, keeping in play the chances of an industry-shifting ruling about driver classification. ...

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Court sides with professor in Gordon College ‘ministerial exception’ case

The “ministerial exception” does not apply to an associate professor of social work at a private Christian liberal arts college, and she should be allowed to pursue her claims that the school unlawfully retaliated against her for her vocal opposition ...

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Racial bias claims vs. Whole Foods dismissed

A federal judge in Massachusetts has dismissed most of the claims in a lawsuit filed by Whole Foods Market employees who alleged the supermarket chain discriminated and retaliated against them when it barred them from wearing Black Lives Matter face ...

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Court rejects Uber’s arbitration agreement

Due to an inadequate registration process, Uber could not compel two of its users to arbitrate their discrimination claims against the company, the Massachusetts Supreme Judicial Court ruled on Jan. 4. “The app’s registration process did not provide users with ...

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Massachusetts governor’s pandemic response ruled constitutional

The Civil Defense Act provides authority for Massachusetts Gov. Charlie Baker’s March 10 declaration of a state of emergency and subsequent emergency orders in response to the COVID-19 pandemic, and those actions did not violate the state or federal constitutions, ...

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DOL rule updates prevailing wage calculations in foreign worker programs

The U.S. Department of Labor on Oct. 6 issued an Interim Final Rule that updates the prevailing wage methodology the department uses in several foreign worker programs. Through a review of the Permanent Employment Certification, H-1B, H-1B1, and E-3 Visa programs, the department said it ...

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DOL proposes rule to clarify employee status under FLSA

The U.S. Department of Labor on Sept. 22 announced a proposed rule clarifying the definition of an employee under the Fair Labor Standards Act as it relates to independent contractors. The department’s proposed rule would adopt an “economic reality” test to ...

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State’s climate suit on hold, awaits jurisdictional rulings

A ruling on joint motions to dismiss filed by 19 multinational oil and gas company defendants in a climate change suit brought against them by the state will have to await decisions in cases that present similar questions of “stream ...

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Mass. Supreme Judicial Court to decide if Uber rider formed contract

One way to look at what the Massachusetts Supreme Judicial Court is being asked to decide in Kauders, et al. v. Uber Technologies Inc., to be argued on Sept. 10, is whether our e-commerce learning curve has reached the point at ...

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Debt collector can’t use arbitration provision to thwart class action, court rules

A collection agency that was not party to a contract between a business and a consumer could not compel arbitration of the consumer’s claims against the collection agency over its practices, the Massachusetts Supreme Judicial Court has ruled. Consumer advocates ...

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