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 effect until January 1, 2023, given the penalties and damages available under the Act, and the...
By Michael Gamboli and John Ottaviani A recent United States Supreme Court decision has limited the claims that an employer could assert against departing employees who steal trade secrets and confidential information from the employer’s computer systems. Background. The Computer Fraud and Abuse Act (“CFAA”) is a federal law that makes it a crime for a person to:...
By Alicia J. Samolis and Michael A. Gamboli Governor Baker has signed a mandatory emergency paid sick leave law (“EPSL”) requiring that every Massachusetts employer provide up to 40 hours of paid leave to employees for certain reasons relating to COVID-19. The payment to employees – including the cost of benefits – does not have...
By Alicia J. Samolis and Michael A. Gamboli On May 18, 2021, the Internal Revenue Service published guidance in the form of a series of 86 questions and answers (“FAQ”) that address the American Rescue Plan Act of 2021’s (“ARPA”) continuation health coverage in the form of “COBRA premium assistance” under the Consolidated Omnibus Budget...
By Alicia J. Samolis and Michael A. Gamboli On March 11, 2021, President Biden signed into law a $1.9 trillion stimulus bill, the American Rescue Plan Act of 2021 (ARPA). The reach of the ARPA extends far and wide, including to healthcare coverage available to employees and their families following separation of employment under certain...
By Alicia J. Samolis and Michael A. Gamboli As most employers know, the Families First Coronavirus Response Act (FFCRA) went into effect in April of 2020 and required employers with less than 500 employees to provide certain forms of paid COVID-related leave to eligible employees. Specifically, the FFCRA provided for 80 hours of emergency paid...
By Alicia J. Samolis and Michael A. Gamboli In a further attempt to alleviate the adverse economic impact caused by the COVID-19 pandemic, on December 21, 2020, Congress passed a $900 billion stimulus bill, which the President signed into law on December 27, 2020. While the stimulus bill declines to extend the Families First Coronavirus...
The Centers for Disease Control and Prevention (“CDC”) recommends quarantine for those who have been in “close contact” to a person who tested positive for COVID-19. Local health departments (and employers) typically rely on the CDC guidance in performing contact tracing and notifying exposed individuals. Yesterday, the CDC broadened the definition of “close contact” from...
On October 2, 2020, the SBA issued guidance under a procedural notice (the “Notice”) providing information concerning the required procedures for changes of ownership of an entity that has received a Payroll Protection Program (“PPP”) loan (such entity, a “PPP Borrower”). Under the guidance, if a change of ownership occurs in a PPP Borrower, prior...
By Alicia J. Samolis 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 update their workforce posters accordingly. It is important for employers to note that failing to pay...
