By Alicia J. Samolis The Department of Labor (“DOL”) published a new temporary rule (“New Rule”) today, September 16, 2020, revising and clarifying its previous April 1, 2020 temporary rule (“Prior Rule”) concerning the Families First Coronavirus Response Act (“FFCRA”). The New Rule clarifies intermittent leave issues, revises the optional exemption for employees of health care providers...
ArticlesEmployment & LaborCOVID-19 Is Going to Get Your Company Sued for Wage Payment Mistakes
September 14, 2020
By Alicia J. Samolis Beginning in March of 2020, companies everywhere were forced to comply with local shelter and closure orders, as well as alter their operations to respond to the negative economic fallout from COVID-19. Companies rushed to keep their businesses going by implementing new, essential and often untested business practices. Common changes businesses...
Client AlertsCorporate & BusinessEmployment & LaborEmployers Have Little Incentive to Implement Social Security Tax Deferral Under New IRS Released Guidance
August 31, 2020
By Russell J. Stein On Friday August 28th the IRS issued limited guidance on the payroll tax deferral that was part of President Trump’s August 8th executive order. Under IRS Notice 2020-65 (the “Notice”), employers are not required to withhold the employee share of Social Security taxes (the “Applicable Taxes”) attributable to wages paid to...
Client AlertsEmployment & LaborSolving Staffing Nightmares Created By State Travel Restrictions
August 25, 2020
By Alicia J. Samolis and Michael A. Gamboli 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 employees from even leaving their house to work. Given that many employees have...
Client AlertsEmployment & LaborFFCRA Update – One Federal Court Strikes Down Portions of the DOL’s Final Rule Implementing The FFCRA
August 11, 2020
By Alicia J. Samolis and Michael A. Gamboli A federal court in New York (“Court”) recently struck down a number of important provisions contained within the Final Rule issued by the Department of Labor (“DOL”) interpreting the Families First Coronavirus Relief Act (“FFCRA”), sending employers scrambling to understand whether the ruling has national impact and...
By Alicia J. Samolis PS&H Partner and Chair of the Labor & Employment Group, Alicia Samolis, regularly counsels employers on how to handle the tricky COVID-19 questions employees are asking and was consulted recently by Providence Business News for her insight into the same. Many employees are concerned that their employer’s safety practices might not protect them....
Client AlertsEmployment & LaborDefining Sex – The U.S. Supreme Court Finds That Sexual Orientation and Transgender Status Are Protected Under Title VII
June 25, 2020
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 of the 1964 Civil Rights Act (“Title VII”). While Bostock will not have as much of an impact in states that already have...
ArticlesEmployment & LaborEmployers At Greater Risk Of Facing Collective FLSA Actions in Remote Forums Under New Ruling
June 25, 2020
PS&H Partner and Chair of the Labor & Employment Group, Alicia Samolis, was quoted in Rhode Island Lawyers Weekly commenting on a recent decision from U.S. District Court Judge Nathaniel M. Gorton in Boston. In Waters v. Day & Zimmerman NPS, Inc., the Massachusetts Federal District Court was confronted with the question of whether employees who would not...
Client AlertsEmployment & LaborFFCRA Child Care Leave During Summer Vacation – What’s The Rule?
June 16, 2020
In March, Congress enacted the Families First Coronavirus Response Act (“FFCRA”) to provide employees with paid sick leave (collectively, “FFCRA leave”) if they are unable to work (or telework) because they need to care for their son or daughter if (a) such son or daughter’s school or place of care is closed, or (b) the...
COVID Furloughs, Layoffs or Job Modifications May Void Your Existing Non-Competition Agreements With Rhode Island and Massachusetts having recently commenced Phase 2 of each of their respective “Reopenings,” more and more employers are currently bringing employees back to work who had been previously furloughed or laid off due to the COVID-19 pandemic. Employers are also...
