On April 2, 2018, the United States Supreme Court issued a decision on the Fair Labor Standards Act ("FLSA") exemption that provides the FLSA's overtime pay requirement does not apply to any salesmen, partsmen, or mechanics primarily engaged in selling or servicing...
PLDO Law Blog
Adam Greshowak
PRIOR SALARY HISTORY MAY NOT ALWAYS BE LAWFUL BASIS TO SET PAY
The Equal Pay Act provides that men and women should receive equal pay for equal work. In a recent case, Rizo v. Yovino, No. 16-15372 (Apr. 9, 2018), the United States Court of Appeals for the Ninth Circuit held that an employer cannot justify a wage difference...
MA Cannabis Control Commission Opens Application Process for Recreational Marijuana Licenses
On April 2, 2018, the Massachusetts Cannabis Control Commission began taking applications for adult use or recreational use marijuana licenses. The first eligible to apply are considered "Priority Certifications" and are those businesses that are already registered...
SEXUAL IDENTITY LAW CONTINUES TO EVOLVE
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...
ARTIFICIAL INTELLIGENCE IN THE HIRING PROCESS: EMPLOYERS BEWARE
The rapid rise of Artificial Intelligence (AI) in the workplace is outpacing our ability to keep up with it. For example, companies are struggling whether and how to allow employees to use ChatGPT at work given the numerous privacy and security risks posed by this new...
FLORIDA CANNABIS LAWS UPDATE
While Florida Governor Ron DeSantis has made clear his opposition to legalizing recreational cannabis use in Florida, trends certainly seem like they are going in that direction. For example, in April, the state doubled the number of licenses available to cultivators...
COMPREHENSIVE CHANGES TO LAND USE AND ZONING LAWS
As part of the 2023 legislative session, the Rhode Island General Assembly passed numerous laws, all with varying degrees of impact on zoning and land use issues. One such bill changes the standard by which municipal zoning boards judge applications for a dimensional...
IRS TARGETS MONETIZED INSTALLMENT SALES IN PROPOSED REGULATIONS
IRS Commissioner Werfel has continued the theme from the Dirty Dozen list published in early 2023 to promulgate regulations regarding monetized installment sales. This particular brand of transaction has been marketed to high income individuals with the promise of a...
KEYS TO THE KINGDOM: BALANCING MERIT VS. INHERIT MODELS IN THE FAMILY BUSINESS
A recent article published by Harvard Business Review outlines the importance of distinguishing between merit compensation and inheritance.1Â In most family businesses, the second generation inherit positions and compensation, which is usually a formula for disaster....
