Posts

Delaware: Federal Law Does Not Preempt Employee Protections under Delaware’s Medical Marijuana Law

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All Employers with DE Employees

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December 17, 2018

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In Chance v. Kraft Heinz Foods Company, a Delaware Superior Court judge recently stated that the federal Controlled Substances Act (CSA) does not preempt employee protections under the state’s medical marijuana law (DMMA). Specifically, it relied on Connecticut and Rhode Island cases that distinguish the CSA as merely making marijuana usage illegal, but not prohibiting the employment of marijuana users.

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Rhode Island: Statewide Paid Sick Leave Begins July 1, 2018

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All Employers with 18 or More RI Employees

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July 1, 2018

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Rhode Island joins a small but slowly expanding number of states requiring employers to provide their workforce with paid sick leave (“PSL”).  Effective July 1, 2018, the Health and Safe Families and Workplace Act (the “Act”) incorporates new time off, tracking, and documentation requirements for many Rhode Island employers.

August Updates

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Varies

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Varies

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This Short List addresses the following topics:
  1. H-2B Visa Numerical Limit Increased for FY2017
  2. Employers Can Pay a Premium to Expedite H-1B Visa Processing Once More
  3. 2017 Veterans’ Employment and Training Service Filing Season Began August 1
  4. U.S. Department of Justice Files Brief Stating Title VII Does Not Protect Sexual Orientation
  5. First Circuit: Parts of the Massachusetts Earned Sick Time Law Do Not Apply to Railroad Workers
  6. Ninth Circuit: Mortgage Underwriters Are Not Exempt Under the FLSA Administrative Exemption
  7. California: DFEH Modifies Gender-Neutral Restroom Signage Rule for Non-Flushing Toilets
  8. Pennsylvania: Former Employees Are Not Entitled to Inspect Personnel Files
  9. Minneapolis, MN: Minimum Wage Will Increase to $15/hr by 2024
  10. St. Louis, MO: Minimum Wage Ordinance Nullified
  11. Rhode Island: Non-Competes Must Have Assignability Clauses to be Effective for New Owners
  12. Wisconsin: Revised Language, Requirements Regarding Employing Minors

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Rhode Island: Employers Cannot Refuse to Hire Employees Because of Medical Marijuana Use

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All Employers with RI Employees

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May 23, 2017

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The Rhode Island Superior Court recently stated that employers cannot refuse to hire a prospective employee on the basis that the employee might fail a pre-employment drug screen due to medical marijuana use. This decision arose from Callaghan v. Darlington Fabrics Corporation and The Moore Company, in which the plaintiff complained that she was discriminated against for her lawful use of medical marijuana.

Non-Compete Provisions Involving Physicians Restricted in Connecticut, Rhode Island

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 Employers with Connecticut, Rhode Island Employees

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Varies; See Below

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Connecticut and Rhode Island join Massachusetts, Delaware, Colorado, Texas and Tennessee in enacting laws that restrict the use of non-compete provisions in relation to physicians. Summaries of the law in each state are included below.

First Circuit U.S. Court of Appeals Approves Fluctuating Workweek Overtime Calculation Method Using Performance-Based Commissions

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All Employers in Maine, Massachusetts, New Hampshire, Rhode Island

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February 12, 2016

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The U.S. Court of Appeals for the First Circuit recently ruled on a Massachusetts District Court case stating that an employer’s use of the fluctuating work week (FWW) method to calculate overtime, when factoring in a performance-based pay structure, does not violate the federal Fair Labor Standards Act (FLSA) or Massachusetts Minimum Fair Wage Law.

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