By Alicia Samolis, Sean Fontes, Morgan Hedly, and Michael Gamboli On November 15, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide injunction vacating the U.S. Department of Labor’s (DOL) new rule (the “Rule”) raising the minimum salary thresholds for the Fair Labor Standards Act’s (FLSA) major exemptions to overtime and minimum wage laws. ...
Alicia J. Samolis, Chair of the firm’s Labor & Employment Practice, shared insightful legal perspectives in a recent Rhode Island Lawyers Weekly feature regarding the controversial First Circuit Opinion Caruso v. Delta Air Lines, Inc., No. 22-1775. In the case, the First Circuit granted a summary judgment motion in favor of an employer on a...
By Alicia J. Samolis, Michael A. Gamboli, Sean M. Fontes, & Morgan E. Hedly 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 District of Texas set aside the FTC...
By Alicia J. Samolis, Michael A. Gamboli, Sean M. Fontes, & Morgan E. Hedly Massachusetts will be joining the growing number of states requiring pay ranges be included in advertisements and provided in certain other circumstances. Specifically, Massachusetts Governor Maura Healey signed into law H.4890, the “Frances Perkins Workplace Equity Act” (the “Act”) containing both pay...
Sean M. Fontes serves as Counsel in the Employment and Litigation practice groups, where he focuses on employment law compliance and employer-side litigation. Sean counsels businesses on new and existing employment law compliance, handles all aspects of collective bargaining agreements, and represents employers who have been sued by their employees for discrimination and wage and...
By Morgan E. Hedly and Michael A. Gamboli 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. While 2024 was no different, this year was also notable for the legislation that failed in the 2024 session...
By Alicia Samolis, Sean Fontes, Morgan Hedly, and Michael Gamboli 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. Surprisingly, the Rule does not contain many exceptions, such as exceptions for noncompetes that are not conditional on continued employment but rather...
By Alicia Samolis, Sean Fontes, Morgan Hedly, and Michael Gamboli 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 potential that the Rule is struck down, employers may be tempted...
By Morgan E. Hedly and Michael A. Gamboli 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 six-factor test that asks whether, as a matter of economic reality,...
By Alicia J. Samolis, Sean M. Fontes, and Michael A. Gamboli 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 this year issuing new requirements for handbook policies,...
