Rhode Island Pay Equity Act: Questions And Answers For Employers

By: Greg Vanden-Eykel, Esq.

On January 1, 2023, the Rhode Island Pay Equity Act (“Act”) went into effect.  The Act significantly impacts multiple phases of the employment life cycle.  Namely, the Act prohibits wage discrimination based upon membership in a protected class, limits an employer’s use of an employee’s/applicant’s wage history, provides employees with access to certain wage information, and […]

February 2nd, 2023 - 4:11pm|Categories: Articles & Publications, Employment Law, General|

Federal Trade Commission Proposes Rule To Ban Non-Competition Agreements

By: Michelle De Oliveira, Esq.

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule to ban non-competition agreements. If enacted, this new rule would also require employers to rescind all existing non-competition agreements. The proposed rule is based on, among other things, the FTC’s preliminary finding that non-competition agreements constitute an unfair method of competition.

Below is an […]

February 2nd, 2023 - 4:06pm|Categories: Articles & Publications, Employment Law, General|

Plaintiff Succeeds In Establishing Prima Facie Case Of Age Discrimination Where Employer’s Overarching Discriminatory Animus Tainted an Otherwise Neutral Reduction In Force Decision

By: Michelle M. De Oliveira, Esq. and Andrew M. Winston, Esq.


The Massachusetts Appeals Court held in Adams v. Schneider Elec. USA that a plaintiff could bring a discrimination claim against his former employer based on evidence that corporate efforts to reduce the workforce were motivated by discriminatory bias, even where the person who selected the plaintiff for termination […]

February 2nd, 2023 - 4:04pm|Categories: Articles & Publications, Employment Law, General|

First Circuit Re-Examines the Administrative Exemption Test Under the Fair Labor Standards Act

By: Herling Romero, Esq.

In a recent U.S. Court of Appeals for the First Circuit decision, Walsh v. Unitil Service Corporation, the court reminded employers of the necessary fact-intensive analysis that employers must use before classifying an employee as overtime exempt under the Fair Labor Standards Act’s (FLSA) administrative exemption.

Employers governed by the FLSA must pay their employees overtime unless […]

February 2nd, 2023 - 4:02pm|Categories: Articles & Publications, Employment Law, General|

DOL’s Proposed Rule Regarding Independent Contractor Classification

By: Brittany M. Darcy, Esq.

On October 13, 2022, the U.S. Department of Labor (“DOL”) issued a proposed independent contractor classification rule, Employee or Independent Contractor Classification Under the Fair Labor Standards Act (“Proposed Rule”). If implemented, the Proposed Rule will: (1) rescind the existing federal Independent Contractor Rule (the “2021 IC Rule”); and (2) serve as the new practical […]

February 2nd, 2023 - 3:58pm|Categories: Articles & Publications, Employment Law, General|

Liquidated Damages Provisions Are Powerful, But Only If They Are Enforceable

By: Alexander R. Zwillinger, Esq.

The goal of any contract is predictability. The parties want to know from the outset what their rights and obligations are, what they need to do, and what they can expect from the other side. To that end, a well-drafted contract will be clear, unambiguous, and thorough about each side’s promises and expectations. It will […]

February 2nd, 2023 - 3:49pm|Categories: Articles & Publications, Business Litigation, General|

Unique Situations Confronting Contractors Seeking Liens In the Commonwealth

By: Andrew M. Winston, Esq.

The Massachusetts Mechanic’s Lien Statute, Mass. G. L. c. 254, enables general contractors and subcontractors to lien properties for which they have supplied labor and/or materials to secure payment for their work. To establish a lien on a property, contractors must file a notice of contract, a statement of account, and a certified complaint with […]

February 2nd, 2023 - 3:42pm|Categories: Articles & Publications, Construction and Real Estate Development, General|

PFML Update: Employers Must Issue 2023 Rate Sheet by December 2, 2022, Provide Employee Notice, and Publish Updated PFML Workplace Poster

By: Michelle M. De Oliveira, Esq. As the year is coming to an end, there have been a series of PFML updates from the Massachusetts Department of Family and Medical Leave (the “Department”). Employers must take the necessary steps discussed below to ensure compliance, and in short, distribute the updated 2023 PFML rate sheets by December 2, 2022, and timely distribute and/or publish the 2023 mandatory workplace poster and employee notice.

November 29th, 2022 - 2:02pm|Categories: Articles & Publications, Employment Law, General|