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On April 23, 2024, the Federal Trade Commission (“FTC”) approved and issued a final rule effectively banning non-compete agreements nationwide (the “Final Rule”). As a result of a 3-to-2 vote, the FTC found that non-compete clauses are an unfair me…
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Update: As we indicate below, the NLRB’s final rule regarding the standard to determine joint-employer status under the NLRA was met with a challenge in the court system, and on March 8, 2024, just days before the applicable regulations would have come i…
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Last month, the United States Department of Labor’s (DOL) Wage and Hour Division issued a proposed rule which would make substantial changes to existing exemptions to overtime and minimum wage requirements under the Fair Labor Standards Act (FLSA). Taken…
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Over the last several years there has been a chipping away of non-compete agreements and there will likely be a complete ban on them in the near future. Despite these changes, there are still many ways employers can protect their data and intellectual prop…
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New York State has implemented several changes to the State’s labor laws recently. Much of the new legislation is already in effect, with more becoming effective in the upcoming months. The changes highlight Governor Kathy Hochul’s administration’s f…
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There is no question that in today’s world, businesses rely on websites and mobile applications (“apps”) to reach consumers. Over the past several years, the number of accessibility lawsuits being brought against businesses with consumer-facing websi…
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This month, the National Labor Relations Board (“NLRB”) issued a decision that will significantly affect many private employers nationwide, both unionized and nonunionized, impacting their ability to implement and enforce workplace rules and policies. …
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In a recent decision that affects employers in the Connecticut restaurant industry, the Appellate Court of Connecticut ruled that a state regulation governing the manner in which employers should record their employees’ gratuities is directory, not manda…
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Employers should take heed of two recent cases concerning Title VII of the Civil Rights Act of 1964 (“Title VII”). First, on June 29, 2023, the Supreme Court of the United States (“SCOTUS”) “clarified” the undue burden standard applied to reque…
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On May 18, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published a technical guidance document (“EEOC’s Guidance”) regarding the use of artificial intelligence (“AI”) in employers’ selection procedures at all stages, inc…
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Signed into law last December, the Pregnant Workers Fairness Act (PWFA), which was modeled after the Americans with Disabilities Act (ADA), requires certain covered employers to provide “reasonable accommodations” to workers with known limitations r…
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This article was featured in the March 2023 edition of the Utility Contractors Association of New England, Inc.’s Construction Outlook.On February 21, 2023, the National Labor Relations Board (the “NLRB”) issued a broad sweeping decision that restric…
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This article was featured in the January 2023 edition of the Utility Contractors Association of New England, Inc.’s Construction Outlook.As many of you are aware, the National Labor Relations Board (the “NLRB”) published a notice of proposed rulemaki…
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For the first time in decades, the Federal Trade Commission (“FTC”) has engaged in a rule-making project seeking to broadly prohibit business conduct on competitive grounds, which will carry significant implications for employers that rely on non-compe…
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On October 26, 2022, the Securities and Exchange Commission (the “SEC”) adopted a new rule and certain amendments to existing rules (collectively, the “New Rules”) aimed at increasing accountability and transparency around the recovery by issuers o…
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This week, the Department of Justice secured a guilty plea in an antitrust case involving a so-called “no poach” agreement. Below we discussed the matter, United States v. VDA OC, LLC, U.S. District Court, D. Nev., No. 2:21-CR-00098, in April of this …
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Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) released a new poster entitled “Know Your Rights,” which replaces a previous “EEO is the Law” poster. The new poster is accessible here. Under federal anti-discrimination laws, cov…
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The classification of employees vs. independent contractors is a hotly debated topic that we have seen impact many companies in the news, especially in a growing “gig economy”. The Department of Labor has prioritized clarifying this issue and on Octobe…
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Last week Massachusetts joined a growing list of states, including Connecticut and New York that have laws prohibiting discrimination based on hair texture and hairstyles in the workplace, schools, and places of public accommodation. On July 26, 2022, Gove…
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With the recent legalization of marijuana in Connecticut and Rhode Island, there are several things that employers must be aware of to protect their employees, maintain a safe work environment, and comply with the new laws. Hinckley Allen’s Labor & E…
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While the First Amendment to the U.S. Constitution, which protects speech, expression, and religion, only protects public employees, there are state statutes that affords some of these same rights to private employees. A new Connecticut law in effect July …
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This alert was featured in the April 2022 edition of Construction Industries of Massachusetts's Construction Journal.By: Christopher W. Morog, Robert T. Ferguson, Jr., and Lisa A.On April 4, 2022, the Massachusetts Supreme Judicial Court (“SJC”) issued…
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As the number of lawsuits alleging inaccessible websites has increased over the past several years, business owners have faced the question: how do I make my website(s) and/or mobile application(s) compliant with the Americans with Disabilities Act (“ADA…
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Last month, Congress passed a major workplace reform through legislation entitled the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The bipartisan bill, also known as the #MeToo Bill, was sponsored by Sen. Kirsten Gil…
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A version of this article was featured in the February 2022 edition of the Utility Contractors Association of New England, Inc.’s Construction Outlook.By: Lisa A. Zaccardelli, Robert T. Ferguson, Jr., Christopher W. Morog, Mark D.Last month, we reported …
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More than 21 months after the outbreak of COVID-19 – and many variants later – the ongoing pandemic continues to impact numerous aspects of everyday life. With no clear end in sight, the federal government began to roll out various federal vaccine and …
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Just a few days after issuing its long awaited emergency temporary standard (ETS), OSHA announced that it is “suspending activities related to the implementation and enforcement of the ETS pending future developments in the litigation.” The announcemen…
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Almost two months after the initial announcement in President Biden’s COVID-19 Action Plan, on November 4, 2021, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) regarding vaccination and testing requi…
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On September 9, 2021, President Biden announced a broad COVID-19 Action Plan entitled “Path out of the Pandemic.” Among other items, the Action Plan included two Executive Orders requiring most federal government employees and federal contractors to im…
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Two bills were recently signed into law by Governor Ned Lamont that impact Connecticut employers. The Cannabis Act essentially legalizes the recreational use of marijuana in Connecticut. Included in the legislation are certain restrictions on employers an…
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As discussed in our previous post, the American Rescue Plan Act of 2021 (the “Plan”) imposed various requirements on employers. Among these requirements are COBRA subsidies for employees and their covered family members who have lost their group health…
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As COVID-19 vaccinations become more widely available, many employers would like to make vaccination mandatory for all employees, both to minimize contact tracing and employee privacy issues now burdening human resource departments– and, more importantly…
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On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (the “Plan”). The historic $1.9 trillion bill contains several provisions of note for employers.The Plan extends the availability of tax credits under the Families …
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Businesses are increasingly reliant on digital means of communicating with their customers. It is no surprise, then, that websites have taken center stage. With the greater emphasis on websites to conduct business, it is more important than ever to ensure …
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On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its guidance to include FAQs on the administration of the COVID-19 vaccine in the workplace. Like other guidance relating to COVID-19 issues, there may be changes as more info…
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This article was originally featured in the September 21, 2020 issue of the Hartford Business Journal. To view the original, please click here.As business slowed down at companies across Greater Hartford in mid-March due to COVID-19-related shutdowns, it p…
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Since posting its original guidance on the Families First Coronavirus Response Act (FFCRA) in March, the U.S. Department of Labor (DOL) has continued to update its Questions and Answers. Most recently, the DOL provided FAQs addressing a variety of issues r…
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While making sure to adhere to each state’s required tasks for reopening, employers must not forget to comply with discrimination laws and OSHA and EEOC guidance. Recent guidance and court decisions make clear that OSHA, the EEOC, and other enforcement a…
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On June 15, 2020, the United States Supreme Court issued an opinion in Bostock v. Clayton County, Georgia holding that Title VII of the federal Civil Rights Act of 1964 prohibits firing an employee simply because the individual is gay or transgender.The 6-…
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On May 18, 2020, Governor Baker released a Reopening Massachusetts Report along with an executive order implementing a four-phased reopening plan.Each phase will last a minimum of three weeks and could last longer before moving to the next phase. Additiona…
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The Centers for Disease Control and Prevention (CDC) added six new symptoms to its existing list of symptoms for COVID-19 yesterday. Employers need to be aware of these new symptoms and update their policies, procedures, and employee information (e.g. ha…
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On April 16, 2020, President Trump announced the “Opening Up America Again” plan, the three-phased plan for state and local authorities to follow when reopening their economies. The plan provides guidelines. It is not an order so state governors retain…
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On Thursday, April 9, 2020, the Center for Disease Control (“CDC”) published interim guidance on safety practices for critical infrastructure workers who may have been exposed to a person with suspected or confirmed COVID-19. The CDC advised that criti…
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The Department of Labor Wage and Hour Division (“Department”) published a Q&A document on the implementation of the Families First Coronavirus Response Act (FFCRA). Through its guidance documents, the Department is providing compliance assistance t…
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On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) as part of a $2 trillion stimulus package. The CARES Act extends unemployment benefits to individuals who are unemployed, parti…
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Yesterday the United States Department of Labor’s Wage and Hour Division (“Department”) announced its first round of published guidance on the Families First Coronavirus Response Act (“FFCRA”) which takes effect April 1, 2020. The guidance includ…
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On March 25, 2020 the DOL's Wage and Hour Division issued it's first round of guidance.On Wednesday, March 18, 2020, President Trump signed into law the “Families First Coronavirus Response Act,” which passed by a majority of votes in both houses of Co…
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The majority of states and the federal government have declared a state of emergency in light of the growing concerns over the spread of COVID-19.Employers continue to have a key role in helping to stop the spread. Employers are encouraged to check in on t…
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As the 2019 coronavirus disease (COVID-19), has spread from mainland China, to European countries and has now begun to infect communities across the United States, it has grown into a “public health emergency of international concern,” according to the…
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On December 18, 2019, the Connecticut General Assembly convened for a one-day special session, during which it passed a new bipartisan wage bill for tipped employees.As is common practice in many states, Connecticut permits employers of tipped employees to…
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On July 15, 2019, Governor Gina Raimondo signed into law the Rhode Island Noncompetition Agreement Act ("the Act"). Rhode Island joins a growing list of states (including neighboring Massachusetts) that have enacted legislation to significantly restrict th…
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The 2019 Regular Session of the Connecticut General Assembly included more legislation affecting employment than has any session of that body in recent memory. There were bills pertaining to minimum wage hikes, paid family leave, changes to non-compete agr…
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On March 7, 2019, the U. S. Department of Labor (DOL) issued proposed regulations under the Fair Labor Standards Act (FLSA), which would raise the annual minimum salary threshold for white collar workers to not have to be paid overtime, from $23,660 ($455 …
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Employers in the restaurant industry are all familiar with the “80/20 Rule.” If an employee works in an occupation that customarily and regularly generates a certain minimum amount of tips per month, the Fair Labor Standards Act permits employers to pa…
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Tax abatement season is here, with some fast approaching filing deadlines in Connecticut, Massachusetts, New Hampshire, and Rhode Island. If you have not already done so, now is the time for property owners to review their real estate tax assessments to de…
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On July 31st, the Massachusetts legislature passed a bill codifying many aspects of non-compete law which will change how non-compete agreements are enforced throughout the state. The statute, entitled “The Act Relative to the Judicial Enforcement of Non…
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On June 28, 2018, Governor Charlie Baker signed into law An Act Relative to Minimum Wage, Paid Family Medical Leave and the Sales Tax Holiday (the “Act”). The Act raises the hourly minimum wage for non-tipped employees (i.e., the “regular” hourly m…
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On May 22, 2018, Governor Dannel P. Malloy signed the Pay Equity Act (the “Act”) into law. The Act protects the right of employees to share wage information and prohibits employers from inquiring about prospective employees' wage and salary history. Th…
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Partners Christina L. Lewis and Lisa A. Zaccardelli discuss the best methods of preventing workplace harassment cases and some of the ways in which the intersection of workplace culture and popular opinion shape employer handling of these matters.
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Tax abatement season is here, with some fast approaching filing deadlines in Connecticut, Massachusetts, New Hampshire, and Rhode Island. If you have not already done so, now is the time for property owners to review their real estate tax assessments to de…
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In several recent 3-2 decisions, the Republican-controlled National Labor Relations Board (NLRB) reversed several Obama-era decisions and policies, permitting franchisors, other corporations such as McDonald’s, and staffing agencies to breathe a collecti…
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*On September 28, 2017, Governor Raimondo signed into law a bill requiring many Rhode Island employers to soon provide paid sick and safe leave. With its passage, Rhode Island joins the growing trend of states—including neighboring Connecticut and Mass…
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7/26/17 - In the latest saga regarding the controversial overtime rule promulgated under the Obama administration, the Department of Labor (DOL) published a request for information (RFI) relating to white collar exemptions.White collar exemptions provide e…
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Since its creation in 1971, the agency has helped drive serious workplace injuries down from 11 per 100 workers to only 3 per 100 in 2015; however, the rate of decline has slowed in recent years. To continue perfecting workplace health and safety, OSHA r…
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A recent federal court decision pivots on a missing comma, and rarely has the lack of such a small amount of ink been so costly for a defendant. In O'Connor v. Oakhurst Dairy, the First Circuit Court of Appeals was called upon to interpret a Maine labor la…
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With the New Year upon us, now is the time for property owners to review their real estate tax assessments to determine if a tax abatement or appeal is warranted. Hinckley Allen has successfully handled numerous tax abatements and tax appeals in Connecticu…
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On November 22, 2016, a federal district court in Texas issued a nationwide preliminary injunction blocking the new DOL overtime regulations that were set to take effect on December 1st of this year. And while this fight is far from over, it does effective…
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The nation’s health care system is in the midst of a structural shift that has been accelerating with the implementation of the Affordable Care Act. A paradigm change in reimbursement from the traditional fee-for-service model to payment-based on quality…
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This law also dictates that any employee or partnership agreement that prevents a physician from treating, advising, consulting, or soliciting a current patient of the employer is unenforceable as of the day the law took effect. The only explicit exception…
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The State of Connecticut is likely this summer to add significant statutory restrictions to physician non-compete agreements. Specifically, the Connecticut General Assembly is sending Senate Bill 351, An Act Concerning Matters Affecting Physicians and Hosp…
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Spurred by testimony from dozens of people – including a fellow legislator — helped by paid medical leave, 12 Connecticut lawmakers are co-sponsoring a bill that would mandate employers to pay workers who go on medical or family leave.But state busines…
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With the New Year upon us, now is the time for property owners to review their real estate tax assessments to determine if a tax abatement or appeal is warranted. Hinckley Allen has successfully handled numerous tax abatements and tax appeals in Connecticu…
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On June 30, 2015, the U. S. Department of Labor (DOL) issued proposed regulations to the overtime exemptions of the Fair Labor Standards Act (FLSA). The final regulations are expected to be published in late 2016. New minimum salary level to qualify for t…
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On October 30, 2015, the Equal Employment Opportunity Commission (EEOC) issued notice that it plans to amend its regulations to the Genetic Information Nondiscrimination Act (GINA) as they relate to voluntary employer wellness programs. Employers covered b…
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Two Massachusetts Supreme Judicial Court (SJC) opinions issued last month provide guidance for employers on two important, yet complex, Massachusetts employment statutes: the Tips Act and the independent contractor statute.In Meshna v. Scrivanos (SJC-11618…
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Employers, take note! Passed by ballot initiative, the Massachusetts Earned Sick Time Law (“sick leave law”) becomes effective in less than a month—July 1, 2015. The law provides that all employees, including full-time, part-time, and even temporary …
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Effective April 7, 2015, a new Massachusetts law will replace and greatly expand the Massachusetts Maternity Leave Act, most notably extending parental leave protections to men.The Parental Leave bill, signed into law by former Governor Deval Patrick on Ja…
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The U. S. Supreme Court recently issued a unanimous decision in Integrity Staffing Solutions v. Busk, which denied employees' claims that they were owed overtime pay for time spent waiting in line for post-shift security screenings meant to deter theft. Th…
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With November almost upon us, now is an ideal time for property owners to review their real estate tax assessments to determine if a tax abatement or appeal is warranted. Hinckley Allen has successfully handled numerous tax abatements and tax appeals in Co…
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The Colorado Supreme Court last week heard arguments in a case brought by Brandon Coates, a quadriplegic who uses marijuana to ease muscle spasms, against Dish Network, his employer, for firing him after he failed a random drug test. Coates said he never u…
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The Office of Federal Contract Compliance Programs ("OFCCP") recently issued new affirmative action regulations that apply to many federal construction contractors and subcontractors. The OFCCP has created two separate but related sets of rules that respec…
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It is time for property owners to review their tax assessments to determine if a tax abatement or appeal is warranted. Hinckley Allen has successfully handled numerous tax abatements and tax appeals in Connecticut, Massachusetts, New Hampshire, and Rhode I…
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Property owners in about one-fifth of Connecticut municipalities will soon be receiving revaluation notices. The new property valuation should reflect 70% of the property’s fair market value as of October 1, 2013. Unless challenged, the value will become…
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Over the summer, Rhode Island enacted four new laws that will change the way employers operate.Beginning January 1, 2014, most public and private employers will no longer be permitted to ask applicants prior to their first interview, about their criminal c…
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There has been a recent and growing trend of employers misclassifying employees as “independent contractors,” particularly in the construction industry. Contractors historically have relied on armies of skilled subcontractors to supplement their core w…
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There has been a recent and growing trend of employers misclassifying employees as “independent contractors,” particularly in the construction industry. Contractors historically have relied on armies of skilled subcontractors to supplement their core w…
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As a follow up to our earlier alert, on June 26 in United States v. Windsor, the Supreme Court struck down Section 3 of the federal Defense of Marriage Act ("DOMA"), which had defined "marriage" as a "legal union between a man and a woman," and "spouse" as…
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This week, the Department of Labor (“DOL”) released a final rule that changes the criteria for classifying independent contractors under federal law. We first wrote about the rule change back in October 2022 when the rule was initially proposed. As ant…
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