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...
THE SAME-PROTECTED-CLASS INFERENCE: COMPLAINTS OF DISCRIMINATION IN THE WORKPLACE
Diversity, equity, and inclusion is an integral part of today’s work environment. Many clients have inquired into whether an employee in a particular protected class could discriminate against another employee in that same protected class. The answer to that...
CREATING LEGAL DOCUMENTS: ARE YOU USING THE “RIGHT TOOL” FOR THE JOB?
When it comes to crafting your legal documents, such as Wills, LLC formations, etc., there are endless options. Should you utilize an online tool, such as Legal Zoom, or seek a legal professional to produce your legal documents? In this article, PLDO Trust &...
MEDICAID PLANNING AND THE CAREGIVER CHILD EXCEPTION
In this day and age, there is no denying that prices for most things are skyrocketing and skilled care for an aging parent is no exception. If an aging parent’s health has declined significantly enough, the parent could face the prospect of admission to a nursing home...
DOES AN AGENT UNDER A POWER OF ATTORNEY HAVE THE AUTHORITY TO CREATE A TRUST IN MASSACHUSETTS?
A Power of Attorney (“POA”) is an important estate planning tool and legally binding document that gives another person, chosen by you, the power to act as an agent on your behalf. Within the last year, the Massachusetts Supreme Court issued a decision effecting the...
HOW CHANGES TO RHODE ISLAND’S DECEPTIVE TRADE PRACTICES LAW MAY IMPACT YOUR BUSINESS
In August of 2021, Governor McKee signed into law a significant change to Rhode Island’s Deceptive Trade Practices law. Prior to August 2021, the state’s Deceptive Trade Practices law was held to be inapplicable to “all those activities and businesses which are...