We have previously provided information on the new Rhode Island Pay Equity law, which goes into effect on January 1, 2023, available here: RIDLT Proposes Regulations and Issues Compliance Guidance for the New Pay Equity Law and here: Rhode Island’s New Pay Equity Law Changes How Employers Must Compensate Their Workforce. Since our last alert, the Department of...
By Alicia J. Samolis and Michael A. Gamboli 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 amount of time eligible employees may collect paid caregiver benefits...
By Alicia J. Samolis and Michael A. Gamboli 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 Act (“Act”). If adopted in its current form, the Proposed Rule would significantly expand the conditions under...
PSH Partner, and Employment & Labor Chair, Alicia J. Samolis was recently interviewed by Rhode Island Lawyers Weekly regarding a new First Circuit Case regarding associational discrimination under Title VII. First Circuit case Frith, et al. v. Whole Market, Inc., et al. arose when both black and non-black Whole Foods employees wore “black lives matter” masks to...
By Alicia Samolis and Michael Gamboli 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 workplace. The narrow exceptions to the prohibition are as follows: Employees cannot be “under the influence” at work....
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, Rhode Island Governor Daniel McKee signed the Act into law, which goes into effect on January 1, 2023. The crux of the Act prohibits an...
By Alicia Samolis and Michael Gamboli 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 to this rule based upon Massachusetts caselaw was that...
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 conflict with a franchisor’s disclosure obligations under federal law. In the case of Patel v. 7-ELEVEN, Inc. (“7-Eleven”), several franchisees operated 7-Eleven convenience stores throughout Massachusetts...
PS&H partner Alicia Samolis recently was consulted by Rhode Island Lawyers Weekly to analyze the 1st Circuit case Waters v. Day & Zimmermann NPS, Inc., 20-1997. Background In the case, Defendant Day & Zimmerman (“D&Z”) is a Delaware company with a principal place of business in Pennsylvania. D&Z was sued in the federal Massachusetts District Court by Waters, an...
By Alicia J. Samolis and Michael A. Gamboli 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 include: (i) significant cost savings in legal fees in defense of a claim; (ii)...
