Gerald Borovick By: Gerald D. Borovick In 2023, the Bureau of Road Toll, a division within the NH Department of Safety (the “Bureau”), filed proposed administrative rules it deemed necessary to regulate household goods carriers in New Hampshire in accordance with new chapter RSA 359-T – Carriage of Household Goods for Hire by Motor Vehicle. The … Read more
By: Gerald D. Borovick The FMCSA concedes it cannot assess civil penalties for violations of the Federal “Commercial Regulations,” which includes the household goods Consumer Protection Regulations promulgated to protect individual shippers through the A.P.A. rules because Congress never delegated statutory authority conferring necessary jurisdiction to administratively adjudicate such violations and assess a civil … Read more
By: Gerald D. Borovick The Massachusetts Department of Family and Medical Leave (the Department or DFML) is auditing employers and covered business entities for compliance with certain required notifications to the workforce generally (i.e., workplace posters) and covered individuals specifically (i.e., employee acknowledgements). This alert is directed to Massachusetts employers providing Paid Family & Medical … Read more
By: Gerald D. Borovick The Massachusetts Supreme Judicial Court recently decided an unemployment “discharge case” involving an employer-policy mandating COVID vaccination.[1] The case is helpful in illustrating that in certain cases, a knowing violation of an employer’s reasonable rule and deliberate disregard of the employer’s interest may not result in a termination from employment resulting … Read more
By: Gerald D. Borovick On November 16, 2023, the Federal Motor Carrier Safety Administration (FMCSA) promulgated a long-awaited set of rules to implement and enforce uniform limits and sanctions to the financial security and responsibility requirements for property brokers, surface freight forwarders and their sureties, as mandated by Congress in a federal transportation law … Read more
By: Gerald D. Borovick The Massachusetts Court of Appeals issued a significant decision regulating the hiring process in the Commonwealth in a case called Kenn v. Eascare, LLC, 22-P-1017 __ Mass. App. Ct. __ (Jan. 8, 2024). Kenn resolves whether a former employee has standing to assert individual and class wide claims against her employer … Read more
By: Gerald D. Borovick In a recent civil penalty case decided against a motor carrier, the FMCSA’s Agency Decisionmaker by Delegation (Chief Decisionmaker) rules the motor carrier “tampered” with the ELD on certain trips by disconnecting it in order to mask driving time because the driver was out of hours in his duty status. … Read more
By: Gerald D. Borovick A federal judge in Boston recently ruled an individual shipper’s suit against a California-based moving company following his move from San Francisco to Cambridge is governed exclusively by the Carmack Amendment to the ICC Termination Act of 1995.[1] With this ruling, the district of Massachusetts is now firmly with other … Read more
By: Gerald D. Borovick On and after January 1, 2023, New Hampshire shall significantly deregulate the licensure and rate-regulation of for-hire carriage of household goods by eliminating certain public utility requirements and bolstering consumer protection.[1] What follows is a summarization of some of the more significant statutory changes. It is not intended to be … Read more
By: Gerald D. Borovick An individual shipper was awarded $133,533.00 in satisfaction of his actual damages and over $18,000 in attorneys’ fees plus pre- and post-judgment interest in a troubling case involving a residential interstate HHG move.[1] The mover was ordered to pay a majority of the individual shipper’s attorneys’ fees, the increased price … Read more