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On May 15, 2026, the Department of Labor (“DOL”) published a technical amendment formally rescinding the 2024 final rule that raised the salary thresholds for overtime exemptions under the Fair Labor Standards…
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The integration of AI into employment decision-making offers substantial benefits in efficiency and scale, but a robotic application of this powerful new tool introduces significant legal risks. On May 1, 2026, Connecticut…
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Connecticut employers, take note: sweeping workforce legislation was signed by Governor Ned Lamont on May 11, 2026, and the compliance clock is ticking. On April 29, 2026, the Connecticut House of Representatives…
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On April 22, 2026, the United States Department of Labor’s Wage and Hour Division (“DOL”) published a notice of proposed rulemaking that aims to revise the DOL’s analysis for assessing joint employer…
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On April 10, 2026, the U.S. Department of Justice (DOJ) announced that International Business Machines Corporation (IBM) agreed to pay approximately $17.1 million to resolve allegations that it violated the False Claims…
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This year has seen a continuation of a broader trend of substantial jury awards in workplace discrimination and retaliation cases. For example, in January 2026, a jury in the U.S. District Court…
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Effective November 5, 2025, New York added Section 139-m to the State Finance Law, requiring all bidders on competitive state procurements to certify that they have adopted and implemented a written policy…
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The classification of employees versus independent contractors continues to be a hot topic, especially in an economy where more businesses outsource work to independent contractors. Classification matters because it determines which workers…
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On February 2, 2026, the U.S. Department of Justice (“DOJ”) filed a Statement of Interest in Alcazar v. Fashion Nova, Inc. , 20-cv-01434 (N.D. Cal.). The DOJ urged the U.S. District Court…
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On February 10, 2026, the Connecticut Supreme Court officially released its decision in Del Rio v. Amazon.com Services Inc. (SC 21109), holding that under Connecticut law, employers must compensate employees for time…
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The start of a new year is an excellent time for employers to review their policies, procedures, and agreements to ensure they are aware of and comply with laws taking effect in…
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On February 13, 2026, New York Governor Kathleen Hochul signed into law an amendment to the Trapped at Work Act (the “Act”) that materially revises the Act. For background on the Act…
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On February 13, 2026, New York Governor Kathleen Hochul signed into law an amendment to the Trapped at Work Act (the “Act”) that materially revised the Act. To review the operative Act, …
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As the new year approaches, we recommend employers take the time to review some key employment policies that can mitigate litigation risk. Two areas in particular to review are diversity, equity, and…
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A recent FTC decision against accessiBe Inc. and accessiBe Ltd., a website accessibility vendor, underscores the importance of verifying your website remains accessible, especially those who rely on automated solutions to provide accessible content.
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Beginning on January 1, 2026, New Hampshire employers with at least 20 employees are required by law to provide employees with up to 25 hours of unpaid leave to attend postpartum and…
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Florida recently enacted the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (“The CHOICE Act” or “Act”), which brings significant changes to the manner in which the state approaches and…
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On June 5, 2025, the U.S. Supreme Court issued a unanimous decision holding that “reverse discrimination” claims are not subject to a heightened standard of proof. This decision clarifies the legal standard…
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On April 23, 2025, President Trump issued his executive order, Restoring Equality of Opportunity and Meritocracy (“EO”). The EO’s stated purpose is “to eliminate the use of disparate-impact liability in all contexts…
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On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) released two “technical assistance documents” for the purpose of “educating the public about unlawful…
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Update as of 3/4/2025: On March 3, the Court denied the Defendants’ motion to stay the injunction pending appeal, meaning that the injunction is still in effect Update as of 2/27/25: On …
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The expanded CT Paid Sick Leave requirements were signed into law on May 21, 2024, and were effective January 1, 2025. Since that time, the CT Department of Labor (“DOL”) published, and…
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We previously notified New York State employers of an amendment to the paid sick leave law for prenatal care. The law went into effect January 1, 2025. All employers need to ensure…
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On August 20, a federal court in Texas issued an order invalidating the Federal Trade Commission’s (FTC) ban on noncompete agreements (Final Rule), which had been set to take effect on September…
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On July 31, 2024, Massachusetts Governor Maura Healey signed into law the “Frances Perkins Workplace Equity Act” (H.4890 or the “Act”). The legislature drafted this new act to enhance wage equity and…
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On July 3, 2024, a federal court in Texas issued an order that partially enjoins the Federal Trade Commission (“FTC”) from implementing or enforcing its Final Rule prohibiting most non-compete agreements (the…
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Update as of May 8, 2024 Federal Trade Commission’s Final Rule on Non-Compete Clauses Scheduled to Go into Effect in September In the article below we informed you that the Federal Trade…
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Recent legislative developments at both the federal and state levels have extended workplace protections for pregnant individuals and new parents. The Equal Employment Opportunity Commission (“EEOC”) issued a final regulation clarifying the…
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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,…
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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…
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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…
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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…
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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…
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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…
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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’…
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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…
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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,…
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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…
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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”)…
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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…
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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…
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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…
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Updated as of October 28, 2022 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 …
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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…
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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…
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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…
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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…
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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.…
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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. Zaccardelli On April 4,…
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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…
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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…
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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.,…
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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,…
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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…
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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…
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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…
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Two bills were recently signed into law by Governor Ned Lamont that impact Connecticut employers. Here’s what you need to know: The Cannabis Act essentially legalizes the recreational use of marijuana in…
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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…
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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–…
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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. Extension of…
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Trends in Digital Accessibility Litigation 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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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Preparing for Returns to Work and Workplace Reopenings: Considerations for Employers On April 16, 2020, President Trump announced the “Opening Up America Again” plan, the three-phased plan for state and local authorities…
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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…
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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…
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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 contains…
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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,…
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On March 25, 2020 the DOL's Wage and Hour Division issued it's first round of guidance. Read about it here. On Wednesday, March 18, 2020, President Trump signed into law the “Families…
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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…
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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…
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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. Governor Ned Lamont has endorsed the…
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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…
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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,…
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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,…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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 collective…
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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…
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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.…
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OSHA’s Founding Legislation The Occupational Safety and Health Administration’s (OSHA’s) founding legislation mandates that the agency, among other objectives, “…perfect existing programs for providing safe and healthful working conditions.” (Public Law 91-596)…
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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 …
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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…
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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…
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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…
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New Statute in Rhode Island On July 12, 2016, the State of Rhode Island enacted General Law § 5-37-33, which rendered void any non-compete agreement between a physician and employer that limits…
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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 …
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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…
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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…
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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…
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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…
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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…
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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. The Tips…
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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…
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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…
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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…
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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…
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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…
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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…
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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.…
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Over the summer, Rhode Island enacted four new laws that will change the way employers operate. Ban the Box Beginning January 1, 2014, most public and private employers will no longer be…
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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…
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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…
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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…
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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…
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On January 21, 2025, President Trump advanced his pledge to “take action to abolish all discriminatory diversity, equity, and inclusion” (DEI) programs “throughout the government and the private sector” by issuing the…
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On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the government’s request to stay a Maryland federal judge’s nationwide preliminary injunction that temporarily stopped three key provisions…
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Janelle A. Pelli and Lisa A. Zaccardelli discuss a recent development in ADA website accessibility litigation by examining the U.S. Department of Justice’s February 2026 Statement of Interest in ‘Alcazar v. Fashion…
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On May 28, 2026, the U.S. Department of Labor’s Wage and Hour Division (“Department” or “DOL”) issued four opinion letters addressing a range of compensation and timekeeping issues under the Fair Labor…
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Legal risk in employment has long been a challenge as laws are constantly passed to address inequity in a society ever seeking to create a more even playing field for employees, and…
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