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...
By Robert K. Taylor In June 2023, the Rhode Island General Assembly enacted legislation granting the public expanded “privileges of the shore,” including but not limited to the right to fish from the shore, to swim in the sea and to pass along the shore. Until 2023, the area where those public privileges could be...
By Christopher M. Wildenhain and James P. McGlone The Supreme Court has now concluded its most recent term, and in its final two days handed down two decisions with major implications in the area of administrative law (each by a 6-3 margin). And while their precise consequences remain to be seen, both decisions—previewed by PSH...
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 Christian Capizzo, Elizabeth Manchester, and Madeline Ursini Under the Inflation Reduction Act (IRA), nonprofit entities, including nonprofit independent schools, are now eligible to receive payment in lieu of tax credits for solar photovoltaic (PV) systems. This extension of the IRA is aimed to make solar ownership more affordable for tax-exempt entities and provides an...
By Christopher M. Wildenhain and James P. McGlone Three cases, all argued this term before the United States Supreme Court and likely to be decided in June, carry major implications for litigation between federal agencies and regulated entities. Depending on the Court’s decisions, these cases may overturn one longstanding doctrine of administrative law, and substantially...
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 Elizabeth O. Manchester, Morgan E. Hedly, and Paul M. Kessimian For many charitable institutions, accepting gifts subject to certain donor-imposed restrictions is in the normal course of business. While these restricted funds are quite common, their usefulness can occasionally become impractical. This frustration of purpose is particularly common for gifts made many decades ago. ...
