While the Trump Administration has effectively blocked the Obama Administration's plan to increase the salary standard for exempt status, its next moves are far from clear. In Nevada v. Dep't of Labor, C.A. No. 4:16-CV-731-ALM (E.D. Tex 2017 Aug. 31, 2017), the United...
PLDO Law Blog
Employment Law
IS MORBID OBESITY A “DISABILITY” UNDER THE ADA?
The answer to the question of whether morbid obesity is a disability continues to be: "sometimes." Because a Chicago Transit Authority bus driver who weighed over 500 pounds offered no evidence of any underlying physiological disorder or condition that caused his...
Password Sharing May Be A Crime
Amid the flurry of recent news about computer hacking and data breaches, a recent lawsuit quietly wound its way up to the steps of the United States Supreme Court. In that case, a former employee left his employer to open a competing business. After he left, he asked...
WORKER’S REQUEST FOR MULTI-MONTH ADA LEAVE AFTER FMLA LEAVE LAWFULLY DENIED
A vexing problem for employers is the period of time it must allow for leave. A very recent decision from the United States Court of Appeals for the Seventh Circuit demonstrates that courts and administrative agencies continue to disagree regarding an employer's...
CYBERSECURITY IN 2025 – A SHIFTING LANDSCAPE
The biggest cybersecurity risk that businesses faced years ago was losing access to their data due to a ransomware attack where a hacker would lock up a company’s files and only release them back if a ransom was paid. Wisely, many businesses responded to these threats...
REAL ESTATE TITLE DISPUTES: THE PROCESS OF RECORDING “LIS PENDENS” IN RHODE ISLAND AND MASSACHUSETTS
If you or your business ends up in a dispute over real estate, it is likely that you will encounter a lis pendens. Lis pendens is Latin for “suit pending,” and it means just that, it is a statutorily governed legal tool that is often used to give notice on a...
HIGH STAKES: DRAFTING AND INTERPRETING PAYMENT REJECTIONS UNDER MASSACHUSETTS’ PROMPT PAY ACT
Under the Massachusetts Prompt Pay Act, which governs construction contracts, unless an owner meets the Act's "time and substance" requirements for rejecting a payment application from a contractor (ditto for subcontractors' applications to contractors), that...
RHODE ISLAND SUPREME COURT RULES THAT A PROPERTY’S FORECLOSURE WAS VALID DESPITE PLAINTIFF’S CLAIMS THAT MORTGAGE DOCUMENTS WERE “AMBIGUOUS”
BackgroundA recent case arose out of foreclosure proceedings that were instituted by Wells Fargo Bank (“Wells Fargo” or “defendant”) with respect to property located at 18 High Street in Bristol, Rhode Island. The property’s owner (“plaintiff”) secured the mortgage by...
FDA CONSIDERS RESCHEDULING MARIJUANA: A MILESTONE IN DRUG POLICY REFORM
The landscape of drug policy in the United States is poised for a significant shift as the Food and Drug Administration (FDA) undertakes a reassessment of marijuana’s drug scheduling classification. The FDA is conducting a comprehensive review of marijuana’s current...
