As we predicted in our May 1, 2024 Client Alert, the Federal Trade Commission’s Noncompete Rule (the “Rule”) has been struck down on a nationwide basis. On August 20, 2024, U.S. District Judge Ada Brown of the Northern...more
Massachusetts will be joining the growing number of states requiring pay ranges be included in advertisements and provided in certain other circumstances....more
It is that time of year again, when the Rhode Island legislature ends its session and passes a number of laws that affect businesses with Rhode Island-based employees. 2024 was no different. Though in some ways this year was...more
7/2/2024
/ Arbitration Agreements ,
Caregivers ,
Data Privacy ,
Data Protection ,
Family and Medical Leave Act (FMLA) ,
Legislative Agendas ,
New Legislation ,
Non-Compete Agreements ,
Personal Data ,
Proposed Legislation ,
Rhode Island ,
State and Local Government ,
State Budgets ,
State Legislatures
On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule (the “Rule”) which bans businesses from using most noncompete agreements against workers....more
On April 23, 2024, the Department of Labor (“DOL”) announced a final rule (the “Rule”) increasing the salary threshold employers must pay to most exempt workers. Given the anticipated litigation over the Rule and the...more
The U.S. Department of Labor (DOL) published a new rule (the “New Rule”) on January 9, 2024, defining “independent contractor” under the Fair Labor Standards Act (FLSA). Effective March 11, 2024, the rule returns to a...more
Have you updated your policies for 2024 yet? If not, chances are you are violating the law. Here are some recent changes all employers should consider: NLRA DISCLAIMERS. The National Labor Relations Board (NLRB) was busy...more
Recent amendments to the Massachusetts Paid Family and Medical Leave (PFML) law now allow employees to use accrued paid leave, such as sick time, vacation time and personal days, to supplement PFML benefits at any time during...more
It is that time of year again, when the Rhode Island legislature ends its session and passes a number of laws that affect businesses with Rhode Island based employees. 2023 was no different. Following is a short summary of...more
7/21/2023
/ Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Hiring & Firing ,
Holidays ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Non-Disclosure Agreement ,
Private Right of Action ,
Rhode Island ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
As is tradition, the United States Supreme Court likes to save its blockbuster opinions until the end of the term. Such is the case with the June 28 ruling in Groff v. Dejoy, where the Court, while indicating that it was...more
The new Federal Pregnant Workers Fairness Act (“PWFA”), effective June 27, 2023, purports to expand current federal protections by requiring certain employers to provide “reasonable accommodations” to a worker’s known...more
Mental health issues in the workplace are at an all-time high. And with those issues come a slew of accommodation requests ranging from continued work from home to removal of stressful job duties to not appearing on camera...more
6/2/2023
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Failure to Accommodate ,
Hiring & Firing ,
Interactive Process ,
Job Duties ,
Mental Health ,
Reasonable Accommodation
On February 21, 2023, the National Labor Relations Board (“Board”) ruled that an employer violated its employees’ rights under federal law by offering severance agreements that included standard confidentiality and...more
We have previously provided information on the new Rhode Island Pay Equity law, which goes into effect on January 1, 2023, available here: RIDLT Proposes Regulations and Issues Compliance Guidance for the New Pay Equity Law...more
With the new year just a handful of weeks away, employers should take note of one notable change to the Rhode Island Temporary Caregiver Insurance Program (“TCI”) taking effect in 2023. Beginning January 1, 2023, the maximum...more
On September 7, 2022, the National Labor Relations Board ("NLRB”) published a proposed rule (“Proposed Rule”) rescinding and replacing its current rule for determining joint-employer status under the National Labor Relations...more
Pursuant to the new law legalizing recreational marijuana in Rhode Island, private employers are now prohibited from firing or taking other disciplinary action against an employee for recreational marijuana use outside the...more
The Rhode Island Department of Labor and Training’s (“RIDLT”) much anticipated Proposed Regulations (“Regulations”) to the Rhode Island Pay Equity Law (the “Act”) have arrived. As we previously discussed, on July 6, 2021,...more
6/6/2022
/ Comment Period ,
Employer Liability Issues ,
Notice Requirements ,
Pay Discrimination ,
Pay Equity Laws ,
Proposed Regulation ,
Public Comment ,
Rhode Island ,
Safe Harbors ,
Self-Evaluations ,
State Labor Laws ,
Wage and Hour
It is well known that if a Massachusetts employer terminates an employee, the employer risks being liable for three times the amount of wages owed if payment is not made on the last day of employment. A lesser known corollary...more
On March 24, 2022, the Massachusetts Supreme Judicial Court (“SJC”) determined that the Massachusetts independent contractor statute (G. L. c. 149, § 148B) applies within the franchisor-franchisee context and does not...more
4/1/2022
/ 7-Eleven ,
ABC Test ,
Employer Liability Issues ,
Franchise Agreements ,
Franchisee ,
Franchisors ,
FTC Franchise Rule ,
Hiring & Firing ,
Independent Contractors ,
MA Supreme Judicial Court ,
Misclassification
The Value of Arbitration Clauses -
It is not uncommon for employers to require that all employment related disputes with employees be resolved by binding arbitration and not in court. Advantages of arbitration can...more
Employers with 100 or more employees can breathe a sigh of relief as the United States Supreme Court has come to the rescue and blocked the Emergency Temporary Standard (ETS) put in place by OSHA.
How Did We Get Here?...more
1/20/2022
/ Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Lack of Authority ,
Masks ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Minimum Wage Increase -
As set forth by legislation passed in 2018, the minimum wage in Massachusetts will increase to $14.25 per hour on January 1, 2022. This amounts to a 75-cent jump from the current minimum wage of...more
On September 9th, the President announced a COVID-19 Action Plan (the "Plan") and released two orders that contain surprisingly broad measures. The Plan will impact many businesses and organizations across the nation....more
9/10/2021
/ Ambulatory Surgery Centers ,
Biden Administration ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Home Healthcare Workers ,
Hospitals ,
Masks ,
Nursing Homes ,
Vaccinations ,
Virus Testing ,
Workplace Safety
A recent United States Supreme Court decision has limited the claims that an employer could assert against departing employees who steal trade secrets and confidential information from the employer’s computer...more