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U.S. Department of Labor proposes new overtime rule

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 ...

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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, ...

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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?” ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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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