By Alicia J. Samolis and Michael A. Gamboli A few weeks ago we alerted you to the fact that although the somewhat infamous bi-weekly pay law was set to go into effect on January 1, 2014, neither the required application nor the governing regulations had been finalized by the Rhode Island Department of Labor and Training...
By Alicia J. Samolis and Michael A. Gamboli With January 1, 2014 fast approaching, many Rhode Island employers excited about the prospect of moving to a bi-weekly payroll system are wondering how to make the switch. The new law requires the filing of a petition, a showing of good cause and approval from the Department of Labor...
A recent case from the First Circuit Court of Appeals, the federal court whose rulings cover Rhode Island, Massachusetts, New Hampshire, Maine and Puerto Rico, demonstrates how important it is for business owners to register their trademarks as early as possible, and the consequences of not doing so. The case involves a dispute between two...
Client AlertsEmployment & LaborNewsNot Everything in Health Reform is Delayed: Employers Must Send Notices to Employees by October 1
September 13, 2013
By Alicia J. Samolis and Michael A. Gamboli By October 1, 2013, employers must notify their current employees, in writing, about their health insurance options under the new Health Exchanges in 2014. The notice requirement applies to all employers subject to the Fair Labor Standards Act (“FLSA”). FLSA generally applies to employers that employ one...
Client AlertsNewse-Discovery Update: Avoid Sanctions by Appropriately Preserving Electronically Stored Information
July 15, 2013
A 2013 ruling from the Rhode Island Superior Court illustrates the necessity of preserving potentially relevant information in the face of pending or threatened litigation, and the harsh consequences that can result from a party’s failure to comply with its preservation obligations. In Berrios v. Jevic Transportation, Inc., No. PC-2004-2390, 2013 WL 300889 (R.I. Super. Jan. 18,...
Client AlertsEmployment & LaborNewsRhode Island Labor Law Changes Passed by Legislation
July 11, 2013
By Alicia J. Samolis and Michael A. Gamboli The Rhode Island Legislature finished a busy season on the labor law front, passing a number of new laws that await the Governor’s signature. Among the highlights: Bi-Weekly Pay (H 6065 SUB B) This Bill amends the current wage payment law and allows employers to pay employees...
Client AlertsCommercial FinanceNewsLessons to Learn from the Harrisburg SEC Fraud Charges
June 27, 2013
By Eugene G. Bernardo II and Alexandra W. Pezzello Recently, the Securities and Exchange Commission (the “SEC”) broke new ground when it charged Harrisburg, Pennsylvania (the “City”) with securities fraud in connection with material misstatements and omissions regarding the City’s financial condition. This represents the first time that statements outside of securities disclosures were the...
Client AlertsEmployment & LaborNewsNew Background Check Forms Required under the FCRA
February 25, 2013
By Alicia J. Samolis and Michael A. Gamboli The Fair Credit Reporting Act (“FCRA”) provides guidelines which must be followed in order for employers to gather certain information about employees or applicants. Generally, there are two types of reports: a consumer report or an investigative consumer report. A consumer report, which provides information regarding, among other things, a person’s...
Client AlertsNewsEmployer Beware – Automatic termination policies are illegal. Just ask Sears.
February 13, 2013
Qualified employees with a disability are entitled to a reasonable accommodation from their employer to enable them to perform the essential functions of their job. One of the most difficult issues employers face is assessing when and how to provide an unpaid leave of absence as a possible accommodation. How do you know the person...
Client AlertsCorporate & BusinessNewsNonprofitBeware: Deceptive Corporate Compliance Notices
January 25, 2013
It has come to our attention that numerous Rhode Island corporate clients have received by mail, solicitation letters from a company indicating that it could assist in the corporation’s compliance with Rhode Island General Law 7-1.2-1502 by preparing an “Annual Meeting Disclosure Statement” for a fee of $125. We should additionally note that clients have...
