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
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
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
On June 29, 2023, the Supreme Court of the United States determined the constitutionality of the race-based admissions policies employed by Harvard College and the University of North Carolina in the landmark cases Students...more
7/10/2023
/ Affirmative Action ,
College Admissions ,
Colleges ,
Diversity ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Universities
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
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
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
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
OSHA has released its over 400-page rule for private employers with more than 100 employees to test their unvaccinated workers... The compliance date for the major part of the rule is January 4, 2022, with some other...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
Governor Baker has signed a mandatory emergency paid sick leave law (“EPSL”) requiring that every Massachusetts employer provide up to 40 hours of paid leave to employees for certain reasons relating to COVID-19. The payment...more
On May 18, 2021, the Internal Revenue Service published guidance in the form of a series of 86 questions and answers (“FAQ”) that address the American Rescue Plan Act of 2021’s (“ARPA”) continuation health coverage in the...more
On March 11, 2021, President Biden signed into law a $1.9 trillion stimulus bill, the American Rescue Plan Act of 2021 (ARPA). The reach of the ARPA extends far and wide, including to healthcare coverage available to...more
3/31/2021
/ American Rescue Plan Act of 2021 ,
COBRA ,
Eligibility ,
Employer Group Health Plans ,
Former Employee ,
Health Insurance ,
Involuntary Reduction in Force ,
Notice Requirements ,
Opt-In ,
Reduction in Hours ,
Tax Credits
As most employers know, the Families First Coronavirus Response Act (FFCRA) went into effect in April of 2020 and required employers with less than 500 employees to provide certain forms of paid COVID-related leave to...more
In a further attempt to alleviate the adverse economic impact caused by the COVID-19 pandemic, on December 21, 2020, Congress passed a $900 billion stimulus bill, which the President signed into law on December 27, 2020....more
Beginning October 1, 2020, the minimum wage that employers must pay Rhode Island employees increases to $11.50 per hour. All employers must pay this minimum wage regardless of the employers’ size and revenue. Employers should...more
The Department of Labor (“DOL”) published a new temporary rule (“New Rule”) today, September 16, 2020, revising and clarifying its previous April 1, 2020 temporary rule (“Prior Rule”) concerning the Families First Coronavirus...more
Rhode Island and Massachusetts have joined the growing list of states that are enacting orders requiring citizens to quarantine for up to two weeks after traveling to other states. These travel restrictions often prohibit...more
8/27/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Quarantine ,
Remote Working ,
Staffing Agencies ,
State Labor Laws ,
Travel Restrictions ,
Vacation Leave ,
Virus Testing ,
Workplace Safety