On April 1, 2021, a new Massachusetts Juvenile Court Standing Order (3-21) (‘the Order’) goes into effect, which details a statewide standardized process for child requiring assistance (‘CRA’) proceedings. The Order provides clarity and processes for how public school districts…
Client Alerts
Massachusetts Guidance on Insurance Coverage for COVID-19 Business Interruptions
A recent Massachusetts Superior Court decision provides guidance on insurance claims for loss of business income caused by the coronavirus pandemic. The guidance is not unexpected, but it is not good news for business owners. In the decision, Verveine Crop….
Employer Alert: U.S. Department of Labor Finalizes Independent Contractor Regulations
On January 6, 2020, the U.S. Department of Labor (DOL) provided its final rule for determining whether a worker is an employee or independent contractor. The final rule is similar to the proposed rule the DOL published in September 2020….
Employer Alert: U.S. Department of Labor Received Over 1,800 Comments on Proposed Independent Contractor Rule
On September 22, 2020, the U.S. Department of Labor (DOL) proposed a rule to clarify the definition of employee under the Fair Labor Standards Act (FLSA) as compared to independent contractors. More details regarding the proposed rule can be found…
Employer Update: First Published Court Decision Concerning Reasonable Accommodation Request Related to COVID-19
The United States District Court (D. Mass.), appears to have published the first decision concerning a COVID-related reasonable accommodation request under Federal and Massachusetts law. In the case, Gabriel Peeples v. Clinical Support Options, Inc. (Case No. 3:20-cv-30144-KAR), the Plaintiff,…
Education Update: New Executive Order on Special Education in New York
On Friday, June 5, Governor Cuomo issued Executive Order 202.37 (the “Order”), which addresses special education during the summer of 2020. The Order states: “Notwithstanding any prior Executive Order to the contrary, special education services and instruction required under Federal,…
COVID-19 Planning Tool for Schools/Districts
Designed by Paul T. O’Neill – In consultation with many schools, Paul T. O’Neill has developed a rubric for programs to use in planning for the summer and coming school year despite the chaos and uncertainty of the COVID-19 crisis….
Education Alert: Updated Joint Guidance on Privacy and Student Health Records
The U.S. Department of Education and the U.S. Department of Health and Human Services recently issued updated guidance regarding the Family Educational Rights and Privacy Act (“FERPA”) and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) as applied…
Client Alert: Ban lifted on nursing home arbitration agreements
By Greg Vanden-Eykel The Centers for Medicare and Medicaid Services (CMS) recently announced a “final rule” that long term care facilities are permitted to use pre-dispute, binding arbitration agreements. Effective September 16, 2019, a facility may utilize arbitration agreements, but…
Charter School Alert: Override of “Janus” Bill Veto Impacts Massachusetts Charter Schools
On September 19, 2019, the Massachusetts Legislature announced an override on Governor Baker’s veto of the “Janus” bill. As it stands today, the new law applies, in part, to certain Commonwealth charter schools, but may impact others in the future….
RI Supreme Court Clarifies Treatment of Distributions to “S” Corporation Shareholders For Child Support Calculations
In general, child support obligations are determined by applying the parties’ respective gross monthly income, less certain mandatory deductions, into a formula and guidelines adopted pursuant to administrative order. However, what on its face appears to be a matter of…
Employer Alert: EEOC Requires Compliance with Renewed Pay Data Collection by September 30, 2019
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it is restoring the “Revised EEO-1: Pay Data Collection” for private employers with 100 or more employees — as well as certain federal contractors and subcontractors. The pay data collection…
Would my spouse be entitled to any money from my personal injury or workers’ compensation settlement in a Rhode Island Divorce?
Suffering a personal injury or undergoing a divorce can be some of the most stressful and trying experiences an individual may encounter especially when litigating the distribution of a spouse’s personal injury or workers’ compensation benefits is a main issue…
Rhode Island Supreme Court Upholds Pet Visitation Provisions in Marital Settlement Agreement
By Gregory N. Hoffman and Rui P. Alves Recently, the Rhode Island Supreme Court issued an opinion reaffirming the case law regarding the enforcement of marital settlement agreements and upholding the right of a party to exercise visitation with a…
Grandparent Visitation in Rhode Island
On March 13, 2019, the Rhode Island Supreme Court issued an opinion clarifying the law surrounding grandparent visitation in Rhode Island. If you or someone you know is a grandparent who is unable to see their grandchild or facing extremely…
New York State Testing Concerns
We want to send you and your students good vibes and good luck for the upcoming state tests. As you gear up for the testing, here are a few reminders from the lawyers: Make sure that test administration is carried…
Employer Alert: DOL Clarifies Position on the Delay or Extension of FMLA Leave
In response to a specific inquiry, the U.S. Department of Labor (DOL) recently indicated that an employer is not permitted to delay the designation of an employee’s Family Medical Leave Act (FMLA)-qualifying leave, or allow more than the 12 weeks…
Rhode Island DUI Laws, Penalties and Sentencing
If you have been charged with a DUI in Rhode Island, you are potentially subject to serious criminal and financial repercussions. Please contact us immediately so that we can aggressively advocate on your behalf to obtain the best result possible….
Employer Alert: NLRB Changes Independent Contractor Standard
The National Labor Relations Board (NLRB) has announced that it will revert back to the long-standing common-law test for determining independent contractor status. This overrules a 2014 NLRB decision, which modified the common-law test by limiting the impact of entrepreneurial…
Client Alerts
Education Client Alert: Rhode Island Public Schools to Provide Education to Students with Disabilities Through Age 22