Federal law and precedent involving workplace discrimination based on sexual identity stands in stark contrast to current state laws in Rhode Island, Massachusetts and most "blue" states. However, that could change. Several federal courts have recently recognized that...
PLDO Law Blog
Month: March 2018
Not The Sweet Kind Of “Cookies”: The New Tax On Vendors Making Internet Sales
Sure, it’s the holiday season, but these cookies aren’t the heart-shaped kind that you give your Valentine. These “cookies” are packets of data that businesses rely on to operate their websites. Cookies allow businesses to identify and track users, then customize...
Weddings are (Still) not an “Agricultural Operation”
The Rhode Island Supreme Court recently had the opportunity to review a 2014 amendment to the Right to Farm Act (the "RFA") in The Gerald P. Zarrella Trust et al. v. Town of Exeter et al., SU #2016-301-A. In that matter, the plaintiff sought a declaration that RFA, as...
GOVERNOR MCKEE MAKES LONG-AWAITED ANNOUNCEMENT OF RHODE ISLAND CANNABIS CONTROL COMMISSION NOMINATIONS
After much anticipation, Rhode Island Governor Daniel McKee made a move critical to advancing the state’s cannabis legalization efforts by naming his appointments to the new Cannabis Control Commission (“CCC”). The announcement of Kimberly Ahern, the Governor’s...
FIRST CIRCUIT EXPLAINS FLSA OVERTIME REQUIREMENTS FOR ADMINISTRATIVE EMPLOYEES
It is well settled that the Fair Labor Standards Act (“FLSA”) requires employers to pay certain employees overtime pay at one and one-half times the employees’ regular rate. 29 U.S.C.S. §207(a). However, certain employees are exempt from this overtime requirement,...
EXECUTING A CAREFULLY DRAFTED CONFIDENTIALITY AGREEMENT IN AN M&A TRANSACTION
The execution of a confidentiality agreement - or what is also referred to as non-disclosure agreement (NDA) - is typically the first official stage of any merger or acquisition. Prior to this stage, a general discussion may have already occurred, and relevant...
THE IMPORTANCE OF CONDITIONS PRECEDENT IN LICENSING, PERMITTING AND PURCHASE AGREEMENTS
A condition precedent is a condition in a contract that must occur before another party is required to perform. In purchase and sale agreements, there are often several conditions precedent that must be satisfied before a party is required to close. Particularly, in...
REMOTE WORKERS IN RHODE ISLAND: STATE REGS MAY CREATE PERSONAL JURISDICTION IN RHODE ISLAND COURTS
The United States District Court for the District of Rhode Island recently held that it had personal jurisdiction over an out-of-state employer, despite the fact that the employer only had one remote employee who worked in Rhode Island. That employee—who was also the...
