PS&H partner Alicia Samolis recently was consulted by Rhode Island Lawyers Weekly to analyze the 1st Circuit case Waters v. Day & Zimmermann NPS, Inc., 20-1997. Background In the case, Defendant Day & Zimmerman (“D&Z”) is a Delaware company with a principal place of business in Pennsylvania. D&Z was sued in the federal Massachusetts District Court by Waters, an...
By Alicia J. Samolis and Michael A. Gamboli The Value of Arbitration Clauses It is not uncommon for employers to require that all employment related disputes with employees be resolved by binding arbitration and not in court. Advantages of arbitration can include: (i) significant cost savings in legal fees in defense of a claim; (ii)...
By Alicia J. Samolis and Michael A. Gamboli Employers with 100 or more employees can breathe a sigh of relief as the United States Supreme Court has come to the rescue and blocked the Emergency Temporary Standard (ETS) put in place by OSHA. How Did We Get Here? On November 5, 2021, OSHA published the...
Minimum Wage Increase As set forth by legislation passed in 2018, the minimum wage in Massachusetts will increase to $14.25 per hour on January 1, 2022. This amounts to a 75-cent jump from the current minimum wage of $13.50 per hour and is the second to last scheduled increase under current law. The minimum wage...
By Alicia J. Samolis OSHA has released its over 400-page rule for private employers with more than 100 employees to test their unvaccinated workers (click here for summary). The compliance date for the major part of the rule is January 4, 2022, with some other components effective December 5, 2021. The rule does not require...
By Alicia J. Samolis and Michael A. Gamboli On September 9th, the President announced a COVID-19 Action Plan (the “Plan”) and released two orders that contain surprisingly broad measures. The Plan will impact many businesses and organizations across the nation. Of particular note is: 1. Large Private Employer Testing Mandate. According to the announcement (no...
By Alicia J. Samolis PS&H partner Alicia Samolis was one of the employer-side attorneys who recently weighed in on the new Rhode Island pay equity law to Rhode Island Lawyers Weekly. Alicia first advised that “[a]s a conceptual matter, don’t think of this as a discrimination law. Forget about ‘protected class’ status. Every single employee is...
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...
