Bill would bar bosses from workers’ private Web pages

Employers and schools would be prohibited from asking workers, job applicants and students for access to their Facebook or other social media accounts under a state Senate budget amendment approved this week.

The proposed legislation would bar them from requiring or asking an employee, applicant or student to provide their account user names or passwords, or asking to be added to their contact lists.

Private communications and activities deserve the same protections online as offline, said Gavi Wolfe, legislative counsel for the American Civil Liberties Union of Massachusetts, which backs the bill filed by Sen. Cynthia Creem (D-Newton).

"We instinctively understand that it's not OK for employers or schools to listen in on our gatherings of friends, look at photo albums in our house, read our mail," he said. "If it's not meant to be viewable by the public, then your boss has no business asking about it."

Similar laws have passed in states including California, Colorado, New Jersey and Vermont.

Associated Industries of Massachusetts, the state's largest employers group, said there's concern about the bill, but not panic. Most of its members say their online research on job applicants is done through Google searches — looking for criminal behavior and making sure a resume is correctly represented — rather than digging into social media, spokesman Christopher Geehern said.

"There's some measure of urban myth in this whole thing saying, 'Oh, dude, you better take down the party pictures before you go out and get that job, because somebody is going to be looking at them,'" he said. "But what we tell employers is that reviewing social media pages is a real minefield … because it … opens (them) up potentially to accusations that they may be using a candidates' protected class as the basis either not to hire or terminate."

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The Ticker

Flea market bust yields

$30M in knockoffs

A flea market raid racked up more than 
$30 million in knockoff apparel and electronics, making it the largest counterfeit bust in Massachusetts, authorities said.

Authorities confiscated enough fake designer purses, clothing and pirated DVDs and CDs from two flea markets May 10 to fill three tractor trailers, U.S. Immigration and Customs Enforcement said.

Local businesses told police in January that illegal items were being sold at the flea markets, which have been open for years, said Lawrence interim Police Chief James Fitzpatrick.

"We didn't expect it to be this wide-ranging," he said. "We expected a couple dozen vendors, but I think they were ramping up for Mother's Day."

Forty-two vendors were arrested. Each pleaded not guilty to state charges of selling counterfeit items and is due back in court in July. The markets' managers have not been charged.

Phony items labeled as brands including Michael Kors, Nike, Louis Vuitton and Ugg Australia were confiscated.

"Counterfeiting is not a victimless crime," said Special Agent Bruce Foucart of the Department of Homeland Security. "People are losing revenue and jobs," he said. The items, many of which originated in China, will be destroyed, he said.

S&P 500 closes at record high

The S&P 500 closed at a record high yesterday, buoyed by a rally in housing stocks after better-than-expected home sales and a jump in Hewlett-Packard shares a day after the personal computer maker said it would cut more jobs.

The S&P 500 closed 1,900.53, just below a record intraday high of 1,902.17 set May 13 and above its record closing high of 1,897.45 the same day.

Hewlett-Packard jumped 6.1 percent to $33.72. The stock was among the S&P 500's best performers a day after the personal computer maker said it may cut as many as 16,000 more jobs in a major ramp-up of CEO Meg Whitman's years-long effort to turn the company around and relieve pressure on its profit margins.

Credit card cos. renew microchip push

Visa and MasterCard are renewing a push to speed the adoption of microchips into U.S. credit and debit cards in the wake of recent high-profile data breaches, including this week's revelation that hackers stole consumer data from eBay's computer systems.

Card processing companies argue that a move away from the black magnetic strips on the backs of credit cards would eliminate a substantial amount of U.S. credit card fraud. They say it's time to offer U.S. consumers the greater protections microchips provide by joining Canada, Mexico and most of Western Europe in using cards with the more advanced technology.

•  Gordon Brothers Group, a Boston-based global advisory, restructuring and investment firm specializing in the retail, consumer products, industrial and real estate sectors, announced that Michael P. Muldowney has joined the firm as chief financial officer. Muldowney's primary focus will be to work with all business units on transactional, strategic, financial and operational initiatives.

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Gov. Deval Patrick reveals jobs pact with Japan

Gov. Deval Patrick yesterday let slip that his administration is working on a pact with a Japanese agency that promotes foreign investment in the country as he defended his globetrotting to entrepreneurs, saying the frequent travels are part of "a strategy" to grow education, innovation and infrastructure in the Bay State.

At a briefing on his Innovation Economy Mission last December to Japan, Hong Kong and Singapore emceed by Jim Paul, director of the Boston office of the U.S. Department of Commerce, Patrick said his administration is working on a memorandum of understanding with the Japan External Trade Organization, a government-related agency, but was stopped short of elaborating by someone in the audience.

"I guess I'm not supposed to announce that today," Patrick said. "Stay tuned."

There are currently 130 Japanese companies in Massachusetts supporting 10,000 jobs as part of the state's $3 billion trade relationship with the country.

Patrick said his trade missions aren't about "how many fistfuls of purchase orders" he can bring home, but rather, "How many relationships can we deepen, can we create, can we extend."

But with little more than seven months left to serve on Beacon Hill, Patrick, said it will be up to others to build on his team's groundwork by forging future partnerships with senior government leaders.

"You realize of course it's up to you, not me. It's about whether you're willing to walk through the door we open," Patrick said.

Yesterday's event was held at District Hall on Northern Avenue, the world's first dedicated open workspace for the innovation community.

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Hot Beacon Hill homes offer luxury for less

If you're looking to buy a historic single family in toney Beacon Hill, prepare to pay for the privilege, but less than the original asking prices.

While low inventory in some Boston neighborhoods is leading to multiple offers, bidding wars and sales above asking price on some properties, two of the Hill's top-of-the-market single-family homes are seeing their prices chopped.

This week, Beth Dicker­son of Gibson Sotheby's relaunched her recently 
acquired listing at 23 W. Ced­ar St., a five-bedroom townhouse that was handsomely redone last year, by dropping the price by $400,000 May 15, after having already dropped it $150,000 May 2. It is now on the market for $5,350,000.

"I did a re-analysis, something you generally do when a property hasn't sold within 60 days in this market," said Dickerson, consistently ranked as the second-highest-volume real estate broker in Boston who has sold dozens of super-high-end properties. "With the end of the spring market coming, reducing the price gives the property some buzz before the summer comes in and buying slows down."

The 5,341-square-foot property certainly pops, from its stately 1836 Greek Revival brick and wrought-iron exterior to an elegantly restored living/dining area, a chef's kitchen with honed Carrara marble countertops and a private two-tiered garden and roof deck. Original floors and woodwork were redone, but there's also a contemporary feel in its four levels of living space.

"The owner's an interior decorator who's done a great job mixing in the old with the new," Dickerson said.

It was originally listed by another broker at $6,250,000 in July 2013, so the property has actually been reduced $900,000 since its makeover.

Another top-tier single family, a spectacular 8,684-square-foot Beacon Hill townhouse overlooking Boston Common at 56 Beacon St., has had its price cut by $600,000, to $11,900,000.

Jeannemarie Conley of Otis & Ahearn has had the listing — along with colleague John Corcoran — since January 2011.

"Cutting the price brings in new potential buyers, and encourages others who've looked at it to look at it again," said Conley, who sold 15 Commonwealth Ave. for $12.5 million in 2012, the highest sales price in Boston that year. "The price cut is already working because it's increasing activity on the property.

In addition to its beautiful restored woodwork, the townhouse, built in 1819, features a huge dining room with a marble fireplace, a master bedroom suite taking up an entire floor and an elevator to all floors. It also has something unheard of in the city — a private 
attached four-car garage.

"The market for single-family properties like these are families looking to make a long-term commitment to city living," Conley said. "It's a major decision."

Both of these properties have had a number of 
offers, their brokers say, but for various reasons have not sold.

"Selling these kinds of properties is a combination of the right timing and price coming together," Conley said.

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Cabbies to rally against unregulated Uber

Boston taxi drivers are calling for city agencies to pull ride-hailing app Uber's cars from city streets until they are regulated, and are planning to rally outside Uber's Hub office today.

"It's about leveling the playing field," said Donna Blythe-Shaw, a Boston Taxi Drivers Association representative. "We have an industry in chaos."

Uber drivers, who are not regulated by the Boston Police Hackney Unit and do not require taxi medallions, are undercutting taxi drivers with lower prices, said Blythe-Shaw.

"The city of Boston is committed to hearing all sides of the issue, and will work to find a solution that balances the needs of all those involved," said Kate Norton, a spokeswoman for Mayor Martin J. Walsh.

Police Commissioner William B. Evans and Walsh have been working to find a solution to "strike a balance," said Boston police spokesman Sgt. Michael McCarthy.

Uber, which connects riders to contracted drivers through a smartphone app, did not respond to requests for comment. The San Francisco startup has fought regulatory battles in cities across the country and in Europe.

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The Ticker

MIT buys former Pfizer building

The Massachusetts Institute of Technology has purchased 620 Memorial Drive from Pfizer Inc. for $30.5 million, according to Registry of Deeds documents.

Pfizer vacated the lab and office building in early April. The pharmaceutical company, which bought the property for $46.5 million in 2003, is consolidating its area employees in a new Kendall Square research and development facility set to open June 6.

MIT will lease the Memorial Drive building to other entities for commercial lab purposes, according to a spokeswoman.

Casino boat in bankruptcy

The Nahant-based owner of the short-lived Aquasino Boston, a casino gambling boat that operated out of Lynn last year, has filed for Chapter 7 bankruptcy protection with estimated debt of $1.08 million.

Walsh's Excursions lists its leased 220-foot boat, valued at $5 million, as its sole asset in court documents, which also indicate the vessel and its equipment were surrendered to the company's lender in April.

TODAY

 Labor Department releases weekly jobless claims.

 National Association of Realtors releases existing home sales for April.

THE SHUFFLE

Pamela J. O'Leary, executive vice president and chief information officer at South Shore Bank, has been named to the South Shore Chamber of Commerce's board of directors. O'Leary will help oversee general strategy and direction for the chamber.
 

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The Harvard Club to sell off section

The Harvard Club of Boston plans to sell a portion of its Commonwealth Avenue main clubhouse to fund a "transformational" renovation.

Ensconced at 374-380 Commonwealth Ave. since 1913, the private club has an agreement to sell part of 380 Commonwealth Ave. to Boston's Sea-Dar Real Estate Inc., which wants to build an addition and add five condos in the building.

"We're selling what we deem as an underutilized portion of our Comm. Ave. location," said Steven Cummings, the club's general manager. "We're engaging in a series of transformational changes to our main clubhouse ... to improve the club experience for our current members and to allow us to better attract and retain a new generation of membership."

Sale proceeds will be used solely to fund the updates, which will include improved interior circulation, a new rear entrance and dining renovations, according to Cummings, who said it was too early for a project price tag.

The Harvard Club, which has 4,500 members, also leases space at 1 Federal St., in the Financial District.

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Netflix coming to Germany, France, 4 other markets

SAN FRANCISCO — Netflix will expand into Germany, France and four other European countries later this year as the Internet video service tries to build an international following that might eventually surpass its U.S. audience.

The additional markets announced Wednesday will extend Netflix's reach into nearly 50 countries, including 13 in Europe. Besides Germany and France, the latest countries on Netflix's list are Switzerland, Austria, Belgium and Luxembourg. The Los Gatos, California, company entered Europe in 2012 when its Internet video service debuted in the U.K. and Ireland.

Earlier this year, Netflix Inc. disclosed its plans to sell its service in more European countries without identifying where they would be.

The company still isn't saying which month its service will be available in the new markets or how much it will cost. Netflix recently raised its Internet streaming prices for new customers by about $1 per month around the world. With the increase, Netflix charges $9 per month for unlimited video streaming in the U.S. The company froze rates at $8 per month for two years for subscribers before the May 9 increase.

Netflix ended March with 35.7 million U.S. subscribers and an additional 12.7 million customers in the rest of the world. The company has set a long-term goal of 60 million to 90 million U.S. subscribers and more than 100 million internationally.

The overseas push has been costly so far for Netflix, which has amassed international losses exceeding $800 million since it ventured outside the U.S. for the first time in 2010. The company's U.S. operations, including a steadily shrinking DVD-by-mail service, have continued to churn out profits that so far have more than offset the international losses.

Last year, for instance, Netflix earned $112 million despite sustaining $274 million in international losses.

Netflix expects to start eking out a profit in its existing overseas markets by the end of this year.

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Bowman: Treat emails as way to connect, not just respond

Multiple IT gadgets and multitasking may give instant access, however, if not used prudently, they could backfire. Grammar and spelling, meanings and even complete intentions can be tarnished or even vanish with one thoughtless choice or inadvertent keystroke. Email presents another opportunity to make others feel valued and special versus just another perfunctory task.

All communication — form and substance — is, however subliminally, judged by others. Communicating electronically is more than just being "out there," it requires forethought and discipline.

Treat an email like a letter; use a salutation and a sign-off. Emails should be well-constructed and properly formatted to project a professional image.

Top Tips:

1. Use honorifics (Dr., Ms., Professor) unless/until invited otherwise. Even if they sign off using only their first name, ask, "How do you prefer to be addressed?"

Note: Women in business are always "Ms." (pronounced Mzzz!)

2. When they write short and concisely, respond in kind. If they greet and close using "Dear" and "Warmly yours," your reply email should be "Dear" and "Warmly yours." If they use contractions, you use contractions. Use words they use. If they say "Hi," you reply using "Hi" even though "Hello" is more professional. ... Yes, there is a difference. When they say, "2pm," your reply will replicate 2pm versus 2:00 P.M. Your goal is to connect versus being correct.

3. Use a cordial greeting, i.e., "I hope this note finds you well"… unless your intention is to be direct.

4. Subject line should be consistent with content.

5. When referencing another, copy them in the email.

6. Use mark "Urgent!" feature selectively.

7. Personalize the email, i.e. "Congratulations to the (name) graduate! "

8. Respond in a timely manner (e.g. within 24 hours of receipt.) Should information be requested ask "BY WHEN would you like this?"

After three back-and-forth emails, if the subject matter still remains in volley, pick up the telephone.

CAPITAL LETTERS IMPLY SHOUTING; use selectively. Consider italics, bold or underlining instead.

Brevity still rules.

Judith Bowman is an author and president of her own consulting company.

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AT&T’s deal with DirecTV opens door to innovators

Now, it's a fair fight.

AT&T's planned $48.5 billion merger with DirecTV creates a worthy adversary for the Comcast-Time Warner Cable colossus that is currently pending regulatory approval.

And it gives the plucky peeps at Netflix a potential upper hand as they engage in an antagonistic and incredibly entertaining war of words with Comcast, protesting the Time Warner merger and continuing to accuse the company of throttling its streaming speeds.

Let's hope that AT&T isn't so (allegedly) short-sighted as to sabotage its own broadband service to make its competitors look bad. Consumers are sick of this nonsense.

I could envision AT&T going #TeamNetflix, making nice with the beloved streaming service, which got us hooked on binge-watching and ushered in a new television renaissance.

If approved, the DirecTV merger would allow AT&T to inherit a wealth of content partners, and 38 million new video subscribers who are going to expect new benefits as a result. The new AT&T television behemoth would be smart to position itself as the T-Mobile of cable and broadband providers: the pro-consumer, value-friendly alternative focused on delivering Netflix, Amazon Prime Instant Video and apps without the hurdles and strings.

Doing so would deal a serious blow to the new Comcast goliath, forcing it to play nice with its own content partners.

But let's be honest: The consumer benefits from these mergers, if any, would be short-lived. The cable landscape is consolidating, and it's doing so out of fear and a lack of any new ideas for delivering content to consumers.

Consumer advocates will say this is the latest blow to a marketplace where consumers are already kicked in the pants by lousy service and high prices. But I say, let the goliaths just buy each other up. Let them play spin-the-bottle with one another. And while they're doing that, Netflix and other creative companies such as Amazon and even Microsoft (think Xbox) will continue to innovate.

And eventually the strategically challenged titans will be innovated out of existence.

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Later business hours fit to a T

The MBTA's late night weekend service pilot program is spurring Cambridge to join the Hub in taking a look at extending the hours businesses can remain open.

"We want to look at the potential benefits, not just for our employees and our residents, but also for our local businesses," said Lisa Hemmerle, director of economic development for Cambridge. "We have a task force formed."

Government officials make up the task force and they are laying the groundwork before its membership is opened up to the public, Hemmerle said.

The city, said Hemmerle, already has granted requests from two businesses — the Kendall Square Cinema and Veggie Galaxy — to stay open later. And Hemmerle said Cambridge plans to begin an outreach program soon to encourage businesses to stay open later.

"We're hoping to have more, as people realize now their staff can get home," said Elizabeth Lint, executive director of the Cambridge License Commission. "It's something the city has an interest in."

The MBTA's yearlong late night service pilot program, which extended the hours trains and some buses run on Friday and Saturday nights until 2:30 a.m., kicked off in late March.

Meanwhile, Boston's late night task force has met twice since Mayor Martin J. Walsh announced his proposal to let bars and restaurants stay open until 3:30 a.m.

Still, the city hasn't opened up the floodgates yet. The Boston Licensing Board last week denied a request from Amelia's Taqueria in Allston to stay open until 3 a.m. on the weekends. Melina Schuler, a spokeswoman with the mayor's office, said those kinds of requests could be viewed more favorably in the future.

"Moving down the road we'll work better in terms of managing later operating hours," she said.

The task force, trying to get a pilot program rolling by the summer, is looking at how to best implement later hours.

"What's driving this is the two main things we want to look at is the quality of life and the demand for this service," said John Fitzgerald, senior project manager at the Boston Redevelopment Authority and co-chairman of the task force.

The task force, with the help of students from the Harvard Kennedy School, so far is collecting information, including crime statistics, streetlight concentrations and is even combing through Twitter to see the age of those most likely to be tweeting between 2 and 4 a.m.

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Diminutive driver’s hubby worries about her safety

My wife is 5 feet 2 and has a driving posture that places her about 12 inches from the steering wheel of her 2010 Subaru Forester, even with the pedal extenders I have installed. Years ago I was convinced that this is pretty dangerous given the geometry and violence of airbag deployments. Should I be concerned about the risk of injury from a deploying airbag?

The basic rule of thumb is a minimum of 12 inches between the driver's chest and the steering wheel/airbag. The crash management system in modern automobiles is engineered to make sure the sea belt/restraint system prevents the driver's upper body from entering the "zone of deployment" prior to the airbag inflating.

So in this case the seatbelt is the critical factor. The good news is that her Subaru, like many modern vehicles and unlike many early-generation airbag-equipped vehicles, is equipped with front seatbelt pretensioners that will rapidly retract and lock the seatbelt in any frontal collision that triggers the airbag. The mechanism for this is an "explosively expanding gas" driving a piston that retracts the belt. This helps prevent "submarining" — sliding downward and forward in the seat — and helps prevent the upper body from reaching the airbag's zone of deployment.

It would appear that you've done everything possible to allow the Subaru's crash management system to work properly for your wife in the event of a serious frontal impact.

• • •

Some new cars do not have much space around the tire in the wheel well, which results in snow collecting and freezing in the small space. Could this affect how the brakes work?

Very unlikely. As long as the wheel can roll, the hydraulic pressure applying the brake pads against the rotors will force out moisture and debris as well as generating more than enough heat to melt any ice/snow in proximity. With that said, it's always a good idea to knock off the large "icebergs" that collect at the rear of the wheel wells before driving. These can initially limit steering until worn or knocked clear.

• • •

I have a 2002 Buick Century with about 180,000 miles on it. The transmission shifts smoothly when it first starts, but after driving for a while it starts to "clunk" when shifting to the next gear. The transmission was rebuilt in 2010. Transmission "conditioner" was added a couple of weeks ago and it's a little better, but not much. Any suggestions for eliminating the clunk except a $2,000 rebuild? Our son will be driving the car over the summer and we'd like it to last a while longer.

Does the "Service engine soon" light ever come on when the harsh shifting occurs? Hard upshifts or downshifts can be indicative of "limp" mode operation — a self-protective, high hydraulic pressure mode to prevent slippage/damage to the transmission. If so, a diagnostic scan tool may pinpoint the problem.

If no service light comes on, the problem may be mechanical. Even though the transmission apparently has been rebuilt, sediment or worn/binding valves or accumulator pistons may be causing the symptom. This might explain the temporary improvement from adding the conditioner. If the additive wasn't SeaFoam Trans-Tune, give this a try.

Recognize that harsh shifts aren't necessarily damaging to the transmission or drivetrain. Short of major work, I'd suggest continuing to drive the car until the symptoms worsen significantly. More gentle acceleration and/or manually upshifting/downshifting the transmission may improve shift quality.

• • •

Motoring Note: A hearty "thank you" to the armchair quarterbacks who commented on my response to the faulty fuel pump on the 2000 Ford Explorer that wouldn't start in cold weather unless the owner tapped on the bottom of the fuel tank. In describing the additional amperage drawn by a worn/tired fuel pump, I should have said higher mechanical rather than electrical resistance. The additional mechanical resistance in the pump is what causes the increased draw of current I described.

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