The State of New York has adopted a first-in-the-nation requirement that employers provide twenty hours of paid leave per year as a stand-alone leave benefit for pregnant employees. ...more
On November 6, 2024, New Yorkers across the state voted “yes” on the Equal Rights Amendment, commonly known as Proposition 1. The newly passed Equal Rights Amendment expands New Yorkers’ constitutional civil rights and...more
The Rhode Island General Assembly was active during the 2024 legislative session, passing several bills that impact employers and their business practices. Here is a summary of the new laws Rhode Island employers may need to...more
7/3/2024
/ Arbitration ,
Domestic Workers ,
Federal Arbitration Act ,
Independent Contractors ,
Minimum Wage ,
Nurses ,
Over-Time ,
Paid Family Leave Law ,
Paid Leave ,
Preemption ,
State Labor Laws ,
Wage and Hour ,
Workers Compensation Act
Employees who claim that their employers misclassified them as exempt from the overtime requirements of Massachusetts law frequently attempt to recover overtime pay for hours worked outside the statute of limitations...more
1/28/2021
/ Appeals ,
Breach of Contract ,
Defense Strategies ,
Employment Litigation ,
Exempt-Employees ,
Fraudulent Concealment ,
Misclassification ,
Misrepresentation ,
Promissory Estoppel ,
Retaliation ,
Statute of Limitations ,
Tolling ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
Like many states, Rhode Island has enacted a statute that governs the use of drug tests in the employment context. Under Rhode Island’s drug-testing statute, R.I. Gen. Laws § 28-6.5-1(a)(1), an employer may require an...more
Many employers have national and international workforces. When entering into contracts with employees, inclusion of a choice-of-law provision is important for determining what jurisdiction’s laws will apply if one of the...more
As 2020 approaches, employers in New England may want to review their noncompetition agreements to determine whether they comply with recently enacted laws in Rhode Island and New Hampshire. In 2019, both states passed laws...more
11/11/2019
/ Confidential Information ,
Confidentiality Agreements ,
Contract Terms ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Federal Poverty Line ,
Labor Regulations ,
Low-Wage Workers ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
Unenforceable Contract Terms
In Fort Bend County, Texas v. Davis, the Supreme Court of the United States held that the requirement in Title VII of the Civil Rights Act that an employee file a charge of discrimination with the Equal Employment Opportunity...more
7/9/2019
/ Administrative Remedies ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
FEPA ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
SCOTUS ,
State Labor Laws ,
State Law Claims ,
Subject Matter Jurisdiction ,
Title VII
In June 2018, Massachusetts Governor Charlie Baker signed into law An Act Relative to Minimum Wage, Paid Family Medical Leave and the Sales Tax Holiday. As one part of the so-called “grand bargain” legislation, effective...more
With Massachusetts’s comprehensive noncompete law taking effect on October 1, 2018, many employers are reviewing and likely revising their restrictive covenants to ensure that they are compliant with the new law. In...more
10/1/2018
/ Appeals ,
Choice-of-Law ,
Confidentiality Agreements ,
Contract Terms ,
Employment Contract ,
Employment Litigation ,
Former Employee ,
Forum Selection ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants
Can two judges on the same court reach contradictory conclusions about the enforceability of the same arbitration agreement presented to two employees in the same manner? In Rhode Island, the answer is yes, as the U.S....more
Investors and members of boards of directors concerned about liability under the Massachusetts Wage Act, M.G.L. c. 149, § 148, can breathe a little easier after the Supreme Judicial Court’s (SJC) decision in Segal v....more
Navigating leave issues can be difficult: There are several statutes that provide employees with different, yet sometimes overlapping rights, and every situation is unique. Employers must ensure that members of management and...more
Defeating whistleblower claims often requires a significant investment of time and resources in protracted litigation. But a recent decision in New Hampshire provides some hope that employers will be able to dispose of...more
Employers know all too well that employees sometimes help themselves to documents the employer would like to keep confidential. This is precisely why many employers require employees to sign confidentiality agreements and...more
One of an employer’s first steps in a suit against a former employee to enforce a restrictive covenant is to seek a preliminary injunction to prevent the employee from continuing to violate his or her contractual obligations....more
In Barrett v. Fontbonne Academy, the Massachusetts Superior Court curtailed various statutory and constitutional defenses available to an employer affiliated with a religious institution that faces discrimination claims under...more