Michael’s employment practice focuses on risk management and litigation. He devotes a significant portion of his practice to minimizing the risks arising out of human resource decisions and conflicts, and consults with clients on a daily basis on wage and hour, employee discipline, leaves of absence, termination and general employment disputes. In addition to having over 20 years’ experience litigating general business disputes, Michael has extensive employment litigation experience, and has defended claims in multiple state and federal courts and before state and federal administrative agencies involving claims of gender, age, race, disability and national origin discrimination, sexual harassment, WARN Act violation, breach of employment contract and whistleblower retaliation. He has defended numerous wage and hour overtime and misclassification claims (including attempts at class action certification) and has guided many clients on Department of Labor and Attorney General audits. Michael has extensive experience in the negotiation, drafting and implementation of employment contracts, executive compensation agreements, non-competition agreements, employment policies and handbooks, voluntary separation programs, and separation agreements, and has defended and prosecuted numerous lawsuits concerning non-competition agreements and trade secrets. He has acted as a mediator on a variety of employment related disputes, bringing his expertise and practical sensibilities to bear in assisting parties in resolving pending court proceedings.
- Boston University School of Law, J.D., magna cum laude, 1991
- Bucknell University, B.S., 1986
Bar Memberships & Admissions
- Rhode Island, 1992
- Massachusetts, 1991
- Best Lawyers in America Lawyer of the Year - Rhode Island Employment Litigation (2018) , Management (2015)
- Best Lawyers in America – Rhode Island Employment Law, Management (2010 through 2018).
- Chambers USA – Band 1 Labor & Employment Law (2009 through 2018)
- Rhode Island Super Lawyers – Employment Law, Employment Litigation, Business Litigation (2009 through 2018)
- AV® Preeminent Rated from Martindale-Hubbell
- Employment Law Alliance (ELA)
- Litigation Counsel of America
- Rhode Island Bar Association
- Massachusetts Bar Association
- American Bar Association
- Sections on Labor and Employment Law and Litigation
- Northern Rhode Island Chamber of Commerce
- Board, Executive Committee Member and Legal Counsel
- National Kidney Foundation
- Past Regional Advisor Board Member and Chair
- Special Olympics Rhode Island
- Past Board Member
- Rhode Island Community Food Bank
- Past Board Member
- Won a precedent setting R.I. Supreme Court case for national jewelry and fine goods corporation establishing that employee manuals including discretionary amendment provisions do not create contractual rights.
- Obtained federal court summary judgment for worldwide crystal manufacturer against retailer on antitrust, breach of contract and fraud claims.
- Won federal court trial for state’s dominant workers’ compensation insurance carrier against national competitor on claims of trademark infringement, establishing new precedent on issue of harm in intellectual property infringement actions.
- Won R.I. Supreme Court decision dismissing disability discrimination claims against national retail chain by former employee.
- What You Need to Know About the New Mass. Noncompete Law
As seen in Providence Business News, October 26, 2018
- Rhode Island Employers Take Note: Amend Your Paid Time Off Policy Now
June 27, 2018
- An Epic Win for Employers Across the Nation: What Employers Should Do To Avail Themselves of the Benefits of the New U.S. Supreme Court Decision
May 24, 2018
- Employers toe fine line to avoid misclassification liability
Published by Massachusetts Lawyers Weekly and Rhode Island Lawyers Weekly , May 17, 2018
- It is Not an Early April Fools' Joke: Give Your Employees the Required Massachusetts Pregnant Workers Fairness Act Notice TODAY
March 30, 2018
- Why Your Company Will Be in Violation of the Massachusetts Equal Pay Law on July 1st - And How to Fix It
March 28, 2018
- Proposed Rhode Island Sick Leave Regulations Fail to Provide Clarity and Will Increase Employer Headaches if Finalized
March 14, 2018
- Massachusetts Employers Take Notice
February 22, 2018
- Massachusetts Employers Take Notice: Evaluate and Comply Now or Risk Paying More Later
August 22, 2017
- Accommodating Medical Marijuana Users: A National Trend?
As seen in Law360 , August 2, 2017
- Massachusetts High Court Concludes that State Anti-Discrimination Laws Protect Medical Marijuana Users
July 19, 2017
- Rhode Island Company Liable for Refusing to Hire Marijuana User – Is Massachusetts Next?
May 25, 2017
- Employers thrown curve on new overtime rule
Texas judge grants injunction on eve of changes; lawyers say no one-size-fits-all advice, Michael A. Gamboli was quoted in a Massachusetts Lawyers Weekly article., December 2, 2016
- Not So Gentle Reminder - EEO-1 Reports are due on September 30
September 26, 2016
- Update – Red States Sue to Stop Enactment of Obama Administration's Changes to Federal Overtime Laws
September 21, 2016
- Department of Labor Issues Final Changes to the Overtime Law
May 19, 2016
- "Employer can't enforce non-compete vs. doctor."
Michael Gamboli, was quoted in a Rhode Island Lawyers Weekly article., April 20, 2016
- "Employer can't enforce non-compete vs. doctor"
April 20, 2016
- Outsmart the Pending Changes to the Overtime Law with Advance Planning
- "President Obama Announces Proposed Sweeping Change to Federal Overtime Law"
- "Massachusetts Sick Time - AG Amends Safe Harbor Provision"
- "Massachusetts Sick Leave Notice to Employees"
- "Massachusetts Sick Leave Law – Safe Harbor for Employers"
- "Sexual Harassment Claims – An Ounce of Prevention Equals a Pound of Cure"
The Anchor, Second Quarter 2015, 01 May 2015
- "FMLA Recognizes Same-Sex Marriages"
- "Massachusetts Officially Provides Paternity Leave!"
- "Employers: Be Ready for a Union Ambush"
- "Employers - Be Prepared to Revise Your Email Policies"
- "U.S. Supreme Court Takes Up Major Challenge to Federal Health Reform"
- "Massachusetts Voters Pass Mandatory Paid Sick Time"
- "Mandatory Paid Sick Time in Massachusetts?"
- "US Department of Labor to Aggressively Pursue Misclassification Matters"
- "Health Reform News"
- "Dueling Districts on Major Challenge to Federal Health Reform"
- "When it Comes to Volunteers and Unpaid Interns There is No Such Thing As a Free Lunch"
- "RI Increased Employee Absences (and Headaches) due to the 2014 Temporary Caregiver Leave Law"
- "Bi-Weekly Pay in RI - Finally!!"
- "Bi-Weekly Pay Update - One Step Closer!!"
- "Bi-Weekly Pay – The Devil is in the Details"
- "Not Everything in Health Reform is Delayed: Employers Must Send Notices to Employees by October 1"
- "Rhode Island Labor Law Changes Passed by Legislation"
- "New Background Check Forms Required under the FCRA"
- "Employer Beware - Automatic termination policies are illegal. Just ask Sears."
- "Misclassification of Independent Contractors – Increased Risks and Damages under New Law"
- "Massachusetts Transgender Equal Rights Bill"
- "New Massachusetts Law Prohibits Employers from Asking about Criminal Convictions on Job Applications"
- "2009 Stimulus Bill: Expansion of COBRA Coverage"
- "The "New" Americans with Disabilities Act: What the Employee-Friendly Revisions to the ADA Mean for Employers"
- "Protecting Your Company from Negligent Hiring Claims"
Representative Speaking Engagements
- PS&H Partners Michael Gamboli and Paul Kessimian Speak at Rhode Island Bar Association 2018 Annual Meeting
June 6, 2018
- The Law of Sexual Harassment (How to Address Situations)
March 21, 2018
- Northern Rhode Island Chamber of Commerce Golf Tournament
September 19, 2017
- Credit Union of Rhode Island Charity Golf Tournament
July 17, 2017
- Employment Law & HR Update: The Power of Best Practices
November 3, 2016
- Partridge Snow & Hahn Attorneys Have Been Named to the 2019 Edition of Best Lawyers in America
November 5, 2018
- PS&H Attorneys Named 2018 Super Lawyers and Rising Stars
American Lawyer Media, October 22. 2018
- Partridge Snow & Hahn Recognized in Chambers USA 2018 In Rhode Island and Massachusetts
May 7, 2018
- PS&H Attorneys Named 2017 Super Lawyers and Rising Stars
- Best Lawyers in America 2018 Names PS&H Providence Attorneys Bernardo, Gamboli, Gilden, Merten and McCarthy "Lawyers of the Year"
11 Attorneys in Providence and Boston Named “Best Lawyers”, August 16, 2017