The Rhode Island Supreme Court once again adhered to its long-standing precedent that arbitration awards will not be overturned but for exceptional circumstances. In ABC Building Corporation d/b/a Advanced Building Concepts v. Ropolo Family, LLC, the plaintiff-general...
PLDO Law Blog
Month: April 2018
SUPREME COURT ISSUES DECISION ON FLSA EXEMPTION
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...
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...
LAST MINUTE CHANGE TO RI ADULT USE CANNABIS LEGISLATION BENEFITS LICENSED CULTIVATORS
Rhode Island appears to be on a definitive track towards legalization of cannabis and establishing a framework for its adult use industry. More than 15 years after establishing its medical marijuana program and, following years of on-and-off momentum, the Rhode Island...
THE TREES CAN STAY (FOR NOW) – A LESSON ON WRIT OF MANDAMUS
In a recently published opinion, the Rhode Island Supreme Court addressed when it is and is not appropriate for the court to grant the issuance of a writ of mandamus. A writ of mandamus is used to compel the performance of an act by a public officer. In the case...
DIRECTED TRUSTS PROVIDE FLEXIBILITY FOR THE CLOSELY-HELD BUSINESS OWNER
In July 2021, Florida adopted the new Florida Uniform Directed Trust Act (“FUDTA”). Modern directed trusts are one of the best vehicles to provide intergenerational wealth preservation and flexibility. Historically, all the functions of a trustee have been handled by...
NUTS & BOLTS OF A ROLL-UP STRATEGY IN BUSINESS ACQUISITIONS
In a roll-up strategy, the buyer—usually a private equity fund—identifies a highly fragmented industry, which is a situation where multiple companies compete, and there is no single or small group of companies that dominates that specific industry. Subsequently, the...
THE SAFE BANKING ACT: WILL 2022 OPEN THE DOOR FOR CANNABIS BUSINESSES TO ACCESS COMMERCIAL BANKING?
Lawful cannabis businesses in the United States have historically and predominately relied on private funding to establish and prop up their operations until they can sustain themselves as revenue-driven enterprises. This is because cannabis remains illegal under...
