On March 7, 2019, after more than two years of speculation, the U.S. Department of Labor (“DOL”) finally proposed its new overtime rule. Under the proposed rule, the minimum salary a worker would have to be paid to qualify for ...
Read More »Court certifies class action against Six Flags for more than 18,000 seasonal employees complaining of unpaid overtime
Judge Sanders certified a class of more than 18,000 Six Flags seasonal employees complaining that the amusement park failed to pay overtime. The park pays its seasonal employees on an hourly basis, but not overtime. In support of this policy, ...
Read More »SJC: Employees who settled Wage Act claims were entitled to award of attorneys’ fees
On February 19, 2019, the Massachusetts Supreme Judicial Court (SJC) adopted an employee-friendly standard for determining whether a plaintiff is entitled to an award of attorneys’ fees under the Massachusetts Wage Act where his or her claims are resolved by ...
Read More »Workplace violence and shootings in the spotlight
Seyfarth Synopsis: With the seemingly random workplace violence that continues unabated, many employers are again asking how best to protect their employees. We had blogged previously about “Workplace Violence Prevention: DHS Promotes “Active Shooter Preparedness” Programs – Is Your Company Ready?” ...
Read More »Ruling provides guidance on Anti-SLAPP motions to dismiss involving contract claims
Judge Davis’s recent denial of an anti-SLAPP motion to dismiss provides helpful guidance on how to distinguish between counterclaims used as solely as a “cudgel” and meritorious claims in breach of contract cases. The ruling also underscores the importance of ...
Read More »Equifax’s proposed protective order for production of confidential data trimmed in favor of Mass AG
In the litigation between Equifax and Massachusetts Office of the Attorney General, Judge Sanders rejected certain provisions of Equifax’s proposed protective order for the production of sensitive discovery materials, including documents about Equifax’s network and cybersecurity program. Equifax moved for ...
Read More »CFPB announces $11M settlement with national jewelry retailer
On January 16, the Consumer Financial Protection Bureau (CFPB) and the State of New York announced that they had filed a consent order in the U.S. District Court for the Southern District of New York.to settle allegations that a jewelry retailer enrolled customers ...
Read More »Panel discussion on BLS Written Motion Practice: Key takeaways
Last fall, the Social Law Library sponsored a panel discussion entitled Written Motion Practice at the BLS: A Deep Dive on Effective Techniques. The four BLS judges—Judges Davis, Kaplan, Salinger, and Sanders—participated on the panel. Three lawyers also joined the panel:Maureen Mulligan, Peabody ...
Read More »WARN Act damages not subject to Massachusetts Wage Act
Corporate insolvencies and near insolvencies regularly generate significant claims and litigation initiated by creditors seeking payment of unsatisfied indebtedness and judgments. On December 28, 2018, the Massachusetts Supreme Judicial Court (SJC) rendered a significant decision addressing claims of a class ...
Read More »State attorneys general settle with National Bank for $575M Over Auto and Mortgage Lending Practices
On December 28, 2018, the Attorneys General (AGs) of all 50 states and the District of Columbia announced a settlement totaling $575 million with a national bank as the result of a coordinated investigation by the States. The national bank previously entered ...
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