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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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Colleges’ suit over ICE policy resolved

The federal government has agreed to rescind the recently announced federal policy that would have barred all international students from remaining in the United States if they took only online classes. U.S. District Court Judge Allison D. Burroughs announced the ...

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Boston insurer sued over virus coverage

Two Washington state Native tribes have sued a group of insurance providers led by Boston-based Lexington Insurance Co., claiming the carriers have not covered claims for business losses resulting from the coronavirus. The Suquamish and Port Gamble S’Klallam tribes and ...

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Utility ordered to pay $53M criminal fine

Columbia Gas of Massachusetts has been ordered to pay a $53 million criminal fine for causing a series of natural gas explosions in the Merrimack Valley that killed one person and damaged scores of homes and businesses. The utility was ...

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Rhode Island personal jurisdiction found in breach of contract suit

A federal judge has determined that Rhode Island enjoys specific personal jurisdiction over an out-of-state mortgage servicer accused of breach of contract in the sale of a mortgage loan, consistent with the three-prong test used by the 1st U.S. Circuit Court ...

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Suit: new Title IX rule strips sex harassment protections

The attorneys general of 18 states filed a lawsuit on June 4 alleging a new federal rule “strips away longstanding protections against sexual harassment” and will leave schools less equipped to keep students safe. The lawsuit takes aim at regulations around the ...

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Path to ballot cleared for question on beer, wine sales

Massachusetts voters will get their say on a ballot question that would expand the ability of convenience stores to sell beer and wine, thanks to a May 26 decision by the state’s Supreme Judicial Court. Package store owners had mounted ...

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