DeVito, et al. v. Longwood Security Services, Inc., et al. (Lawyers Weekly No. 12-169-16)
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION No. 2013-01724 BLS 1 DEAN DEVITO, JASON OLIVIERA, ALEX VELAZQUEZ, individually, and on behalf of a class vs. LONGWOOD SECURITY SERVICES, INC. and JOHN T. CONNELLY MEMORANDUM AND ORDER ON DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT and TO DECERTIFY THE CLASS On June 17, 2015, this court (Frison, J.) certified a class of plaintiffs consisting of security officers employed, currently or in the immediate past, by defendant, Longwood Security Services. The principal claim of plaintiffs and the class is that Longwood failed to pay them in full for wages earned. The claim is brought under the Wage Act, G.L. c. 149, § 148. Briefly stated, the claim is that for each eight hour shift, thirty minutes were deemed to be a meal break. Longwood did not include in the employees’ hours worked the thirty minutes per shift for the unpaid meal break. Plaintiffs claim that the thirty minutes should be compensated as wages earned because they remained on duty during the meal breaks. The issue presented by these motions is what legal standard should be applied to determine whether the thirty minute meal break is compensable working time. Both sides agree that the issue is one that no Massachusetts appellate court has addressed. Longwood contends that the test for compensation should be whether the employee’s meal break time was spent 1 predominantly for the benefit of the employer (the “predominant test”). Plaintiffs, on the other hand, contend that the test for compensation should be whether the employee was relieved of all duties (the “relief from duties test”) during the meal break. Based upon Longwood’s view that the predominant test is applicable, it moves for summary judgment and decertification of the class. BACKGROUND The parties’ Joint Statement of Material Facts (“SMF”) does not comply with Superior Court Rule 9A. Instead of precise statements of undisputed fact, the SMF consists of broad, argumentative statements of position and equally argumentative responses. Of the 82 numbered paragraphs in the SMF, the vast majority are disputed, denied or qualified by the party opposing the statement. On that basis alone, the court could conclude that because of the disputes over material facts summary judgment should be denied. In fact, this court in two previous rulings denied the parties’ attempts to obtain summary judgment. Nevertheless, the parties persuasively presented at oral argument that it would aid resolution of the case, and would be necessary in any event for the trial of the case, for the court to determine which test for compensable time should be applied to plaintiffs’ claims under Massachusetts law. Longwood provides private security services at numerous locations, such as housing developments, hospitals and colleges. Longwood employed […]
Security, Access Changes For EarthFest 2013
There will be several changes to this year’s Radio 92.9 EarthFest at the Hatch Memorial Shell on the Charles River Esplanade this Saturday, including access and security. According to an e-mail Monday from the Department of Conservation and Recreation, there will be no backpacks, coolers, open containers, blankets or large bags allowed into the festival this year. All bags will be subject to a discretionary search and small bags as well as necessary items like strollers will be allowed in following searches, according to DCR. In addition, DCR there will be no access to the Fielder Footbridge at the corner of Arlington and Beacon Street. Attendees will be able to access the event from the Charles Street Footbridge and the Dartmouth Street Footbridge. Gates to the festival will open at 10 a.m. “Massachusetts State Police has teamed with DCR to ensure a safe EarthFest,” said Massachusetts State Police Supt. Col. Timothy P. Alben in the e-mail. “No specific threats have been made regarding this event, but safety is our highest priority, and we will continue to work with DCR to provide attendees with a fun and secure experience.” According to DCR, the Radio 92.9 EarthFest is “the largest free radio station concert in the country, showcasing national and local music acts, environmentally friendly products and local non-profit environmental organizations.” The lineup for this year’s show includes Vertical Horizon, Cracker, Gentlemen Hall, Fastball, Camper Van Beethoven and local group Todd Biggins Band. The music is expected to begin on the main stage at 11:15 a.m. More information on this year’s Radio 92.9 EarthFest is available on their website. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Parking Restrictions, Heightened Security for Obama Visit
President Barack Obama will be in the South End on Thursday to lead a special interfaith service dedicated to the victims of the attacks at the marathon on Monday. The service will be held at 11 a.m. at the Cathedral of the Holy Cross in the South End (1400 Washington St.) Governor Deval Patrick announced the service at a press conference yesterday evening. “The service is an opportunity for the community to come together in the wake of the tragic events at the Boston Marathon this week,” said the governor’s office in a statement. In addition to President Barack Obama, federal, state, local officials will join first responders, civic leaders from communities along the marathon route, medical personnel, victims and their families, as well as volunteers from the Boston Athletic Association have been invited to attend. Doors for the service will open to the public at 8 a.m. Guests can access the entrance at Washington Street and Monsignor Reynolds Way from the north and west. Tickets will be released on a first come, first serve basis to those in line at the Cathedral, according to the governor’s office. Guests should be prepared for “airport-like” security, and are advised to plan accordingly for lines and delays. Guests are asked to bring as few personal items as possible. No bags, sharp objects, liquids or signs will be allowed in the venue. The public is highly encouraged to take public transportation, since both parking and road service in the area will be extremely limited, said the governor’s office. According to South End resident blog BosGuy, there will be no parking allowed on Washington Street, Harrison Avenue and all cross streets between Shawmut and Albany Streets, and traffic will be completely shut down between 9 a.m. and 2 p.m. South End Patch
Categories: Arrests Tags: Heightened, Obama, Parking, Restrictions, Security, Visit
GOP Senate Candidates Discuss Economy, Social Security, Immigration in First Debate
The quest to become the “Washington outsider” representing the Republican Party in this year’s Massachusetts special senate election was underway at Stonehill College Tuesday night when GOP candidates met in their first primary debate. “Electing either of the Democratic nominees would be a sign of ‘surrender’ that we have given up,” State Representative Daniel B. Winslow (R-Norfolk) said in his closing statement referring U.S. Congressmen Ed Markey (D-Malden) and Stephen Lynch (D-South Boston). Winslow, former US attorney Michael J. Sullivan, and former Navy SEAL Gabriel E. Gomez discussed a wide-range of issues in the hour-long debate, including Roe vs. Wade, gun control, immigration, social security, and the economy. The debate was sponsored by WickedLocal, WGBH and WCVB and a journalist panel of WGBH’s Adam Reilly, Janet Wu of WCVB, and Chris Burrell of the Patriot Ledger delivered questions. Stonehill professor Peter Ubertaccio moderated The three candidates disagreed on little, with a common theme centering around Washington’s dis-functionality and it’s need to be fixed. The theme rose to the surface when discussing the economy and the recently-enacted sequester, which seemingly had little immediate impact on job growth. “I think sticking with the status-quo is a complete failure on the part of our government,” Sullivan said. “I think we’re far to high too celebrate,” he added, referring to the nation’s 7.7 unemployment rate. Gomez, who criticized “career politicians” and lobbyists during his closing remarks, said little was getting done in Washington because of the “lack of courage.” “We don’t have a lack of ideas down in DC right now, what we have is a lack of courage,” he said while discussing social security. Gomez said it was “sad that Scott Brown lost because he’s the kind of person that we need down in DC recommending the commonwealth of Massachusetts.” All three candidates agreed that Brown’s loss to Sen. Elizabeth Warren in the 2012 election was evident that Republicans weren’t reaching the right people. “We have to be what we are, which is the great opportunity party and have that message – that message of hope – be the message that we reach out to American voters,” Winslow said. In regards to social security, the three candidates believed raising the age of retirement might contribute to the problem surrounding social security, while emphasizing that current seniors should remain unaffected. Winslow, Sullivan and Gomez also put strong emphasis on mental health background checks when discussing gun control. Gomez said an assault weapons ban was ineffective in 1994 and would still be ineffective while Sullivan said any all-out ban would be “completely ineffective.” Winslow said he would consider three things […]
Categories: Arrests Tags: Candidates, Debate, Discuss, Economy, First, Immigration, Security, Senate, Social