Family gatherings at Thanksgiving often bring a mix of emotions: happiness at being re-united with loved ones who may live far away, but also sometimes stress over strained family relationships caused by a myriad of reasons. When family members work together in a...
PDO Law Blog
Adam Greshowak
TRUMP ADMINISTRATION LIKELY TO PROPOSE CHANGES TO THE FLSA’S SALARY BASIS TEST
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...
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...
TRUE DEADLOCK: A LESSON IN DODGING BULLETS
Deadlock. Impasse. Stalemate. There are few words more dreaded to a corporate director (except maybe "SEC investigation"). What to do when the power brokers in a company just can't agree is a problem that plagues business planning experts and litigators alike. Spoiler...
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...
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...