A very recent decision in a federal district court case highlights the risk of off-the-clock wage claims. Andrews v. Weatherproofing Technologies, Inc., C.A. No. 15-11873-TSH (D. Mass Sept. 28, 2017) (Hillman, D.J.). In that case, a Massachusetts roofing contractor...
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Think “GREEN” ALTERNATIVES IN A “GREEN” INDUSTRY
Recent studies on the electrical usage of cannabis cultivations have confirmed what many in the industry have known first hand for quite some time - indoor marijuana grows use substantial amounts of electricity. While the advent of LED grow lighting has helped reduce...
Mechanics’ Liens: A Complex but Powerful Remedy
For a contractor, subcontractor or supplier who has not been properly paid, few remedies match the power of the mechanics' lien. A properly-recorded mechanics' lien allows a party to file an action in state court against the subject property, and to foreclose and...
CMS REPORTING DEADLINE FOR MEDICARE-PARTICIPATING PRACTITIONERS IS OCTOBER 2, 2017
If yours is one of the small clinical practices with less than $30,000 in Medicare revenue or fewer than 100 unique Medicare patients per year, October 2, 2017 will be just another Monday. However, for most Medicare-participating health care practitioners, Monday,...
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...
