By Morgan E. Hedly and Michael A. Gamboli The U.S. Department of Labor (DOL) published a new rule (the “New Rule”) on January 9, 2024, defining “independent contractor” under the Fair Labor Standards Act (FLSA).  Effective March 11, 2024, the rule returns to a six-factor test that asks whether, as a matter of economic reality,...

By Alicia J. Samolis, Sean M. Fontes, and Michael A. Gamboli Have you updated your policies for 2024 yet?  If not, chances are you are violating the law.  Here are some recent changes all employers should consider: NLRA DISCLAIMERS. The National Labor Relations Board (NLRB) was busy this year issuing new requirements for handbook policies,...

By Morgan E. Hedly and Michael A. Gamboli Recent amendments to the Massachusetts Paid Family and Medical Leave (PFML) law now allow employees to use accrued paid leave, such as sick time, vacation time and personal days, to supplement PFML benefits at any time during leave.  The Department of Family and Medical Leave (DFML) has...

Artificial Intelligence (“AI”) is causing angst amongst employers and employees alike.  As highlighted in a recent Providence Business News article, concerns range from workers being replaced by technology, to subpar work product being created by AI platforms, to overall uncertainty and lack of understanding as to what the technology can do. As a labor and...

PSH Partner Michael Gamboli was quoted in Rhode Island Lawyers Weekly commenting on a recent proposed rule for the Pregnant Worker Fairness Act (“PWFA”) from the U.S. Equal Employment Opportunity Commission (“EEOC”). The ruling triggered a 60-day public comment period.  The notice, in part, explains how the EEOC interprets the PWFA and certain terms contained...

By 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.  2023 was no different.  Following is a short summary of the more important new laws that Rhode Island businesses must be aware...

By Madeline M. Ursini, Elizabeth O. Manchester, and Alicia J. Samolis On June 29, 2023, the Supreme Court of the United States determined the constitutionality of the race-based admissions policies employed by Harvard College and the University of North Carolina in the landmark cases Students for Fair Admissions, Inc. v. President and Fellows of Harvard...

By Michael A. Gamboli and Alicia J. Samolis The new Federal Pregnant Workers Fairness Act (“PWFA”), effective June 27, 2023, purports to expand current federal protections by requiring certain employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an...

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