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
On July 6, 2021, Rhode Island Governor Daniel McKee signed Pay Equity legislation (the “Act”) (H 5261A, S 0270A) into law. The Act is a broad piece of legislation that applies to all employers. While the Act does not go into...more
7/15/2021
/ Affirmative Defenses ,
Employee Benefits ,
Employer Liability Issues ,
Enforcement ,
Notice Requirements ,
Pay Discrimination ,
Pay Equity Laws ,
Protected Class ,
Safe Harbors ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
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
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
In a much-anticipated decision, earlier this month, in Bostock v. Clayton County, Georgia, the U.S. Supreme Court (“Court”) held that an employer who fires an individual merely for being gay or transgender violates Title VII...more
6/26/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
With more and more individuals taking on the so-called “side hustle” of driving for Uber or even entirely leaving the traditional 9 to 5 work life and opting to make the “gig economy” work as their full time occupation,...more
2/19/2020
/ Arbitration Agreements ,
Employee Definition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Labor Laws ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Right to Control ,
State Labor Laws ,
Wage and Hour
The first phase of Massachusetts’ new paid family and medical leave law ("PFML") requires covered employers to provide certain notices to employees and 1099-MISC contractors as of July 1. Specifically, a form of notice is...more
Certain Obligations Take Effect on July 1 - What Employers Need to Know Now -
THE BASICS. Massachusetts has enacted yet another new leave law. Paid Family and Medical Leave (“PFML”) provides employees with job protected...more