Massachusetts DFML Employer Audits Regarding Proper Notifications under PFML

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

Employee’s Refusal to Vaccinate in Violation of Employer’s Policy Resulting in Discharge Not Disqualifying For Purposes of Unemployment Where Employee’s State of Mind Established Sincerity of Her Religious Belief Supporting Her Objection

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

Summary of FMCSA Final Rule on Broker/Freight Forwarder Financial Responsibility And Evidence of Security On File With FMCSA – The BMC-84 and BMC-85

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

Alleged Release of Liability in Pre-Hire Form for Background Checks Lands Employer in Court Defending Individual and Class Wide Claims of Willful FCRA Violations

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

Summary of New Hampshire 2023 Regulatory Changes for Household Goods Carriers

By:      Gerald D. Borovick New “interim” rules covering intrastate household goods transportation in New Hampshire went into effect April 27, 2023.  The Road Toll Bureau, a division within the NH Department of Safety, recently obtained approval for the interim rules proposed which it deems necessary to regulate household goods carriers in New Hampshire in … Read more

Individual Shipper’s Massachusetts State-Law Claims, Including 93A, Preempted by Carmack Amendment

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

Individual Shipper Gets Significant Damages And Attorneys’ Fees After Arbitration Program Becomes An Issue In Case

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

FMCSA Updates Household Goods Consumer Protection Rules Following FAST Act HHG Working Group Recommendations

By Gerald D. Borovick   Changes to household goods motor carrier and broker procedures and paperwork for communicating FMCSA’s consumer protection information, estimating, booking and contracting with consumers for interstate moves are scheduled to take effect June 27, 2022.[1] FMCSA’s Commercial Enforcement Division promulgated its Final Rule which adopted certain recommendations made to it by … Read more