Formisano & Company Formisano & Company 2026-08-19T13:04:18Z https://www.formisanoandcompany.com/feed/atom/ WordPress /wp-content/uploads/sites/1304155/2020/10/cropped-site-icon-32x32.jpg On Behalf of Formisano & Company <![CDATA[Disability discrimination and accommodation requests at work]]> https://www.formisanoandcompany.com/?p=255825 2026-08-13T21:20:45Z 2026-08-15T14:18:57Z What qualifies as a reasonable accommodation A reasonable accommodation is a change that helps you do your job. Under the Americans with Disabilities Act and Rhode Island law, accommodations can include:
  • Modified work schedules
  • Remote work options
  • Ergonomic equipment
  • Assistive technology
  • Job restructuring
  • Extra breaks for medical needs
An accommodation is reasonable if it works and does not create undue hardship for your employer. Undue hardship means serious difficulty or expense based on the business size and resources. Employers cannot say no just because it costs money or takes effort. You do not need to use legal words when you ask. Simply tell your employer you need a change because of a medical condition. This starts their duty to work with you.

Common failures in the interactive process

When you request an accommodation, your employer must engage in an interactive process, meaning a good-faith dialogue to identify effective solutions. Unfortunately, employers often fail by ignoring requests, refusing to discuss alternatives, claiming undue hardship without proof, or retaliating through demotion or termination. Some employers also demand excessive medical information or fail to keep your documentation confidential. These failures may violate your rights under federal and Rhode Island law.

Legal remedies available to you

If your employer discriminates against you or denies reasonable accommodations, you can file a complaint. You have two options: the Equal Employment Opportunity Commission (EEOC) or the Rhode Island Commission for Human Rights (RICHR). You generally have 300 days to file with the EEOC and one year to file with RICHR. Filing within 300 days lets you preserve both federal and state claims. Legal remedies may include back pay, reinstatement, compensatory damages for emotional distress, punitive damages and attorney fees. Keep copies of your requests, emails, and any talks with your employer. This evidence can help your case. Consider talking with an employment attorney. They can review your situation and guide you through the process. Taking action may help you get the fair treatment you deserve.  ]]> On Behalf of Formisano & Company <![CDATA[What remote workers should know about overtime misclassification ]]> https://www.formisanoandcompany.com/?p=255824 2026-08-12T20:07:07Z 2026-08-12T20:07:07Z Your actual work may determine overtime eligibility Employers may incorrectly label remote workers exempt from overtime. However, a salary or impressive title alone may not establish an exemption. Most executive, administrative and professional exemptions require a salary of at least $684 per week. Your main duties must also meet the applicable federal duties test. Each exemption often has distinct requirements. Executive work generally involves managing a department and directing at least two full-time employees. The worker typically has authority or meaningful influence over hiring and firing. Administrative status usually requires independent judgment on major business issues. The professional exemption may cover certain advanced or creative work. Since daily responsibilities often control this analysis, a mismatch between your duties and classification can raise concerns. Watch for these red flags:
  • Your salary falls below the threshold or reflects improper deductions for missed time.
  • You process standard forms, follow strict procedures or complete repetitive assignments.
  • Your title suggests authority, but you do not manage staff or make key decisions.
  • Your employer tracks logins or schedules while requiring unpaid evening tasks.
  • Your responsibilities changed, but the company did not review your exempt status.
These signs do not automatically prove misclassification. Even so, they may show that your exempt label does not fit your actual role. In Rhode Island, state overtime law generally requires employers to pay employees one and one-half times their regular rate for hours beyond 40 in a week. Certain exemptions can change that result, so both salary and job duties require evaluation.

How you can pursue unpaid compensation

Organized records can show the time worked and amount owed. Three actions may preserve evidence and support a timely claim.

Document your time and duties

Log your start times, breaks and after-hours tasks. Save pay stubs, job descriptions, schedules and messages that show required work.

Raise the issue carefully

Ask human resources, in writing, to explain your classification. Keep the response and note any later changes in your duties or treatment.

Consider an administrative claim or lawsuit

You may ask the Rhode Island Department of Labor and Training to investigate unpaid wages or contact the U.S. Department of Labor. Based on the facts and filing deadlines, a private lawsuit could seek back pay and other available remedies.

Why proper classification counts

Accurate classification can help ensure your pay reflects your duties and hours under the law. If your compensation falls short, your records may show the extent of any unpaid overtime. Your evidence and filing deadline can shape how you pursue the unpaid amount. An attorney may assess the exemption, estimate the possible recovery and explain the available filing methods. This analysis can support a suitable claim strategy.]]> On Behalf of Formisano & Company <![CDATA[Reviewing a Rhode Island severance agreement before signing]]> https://www.formisanoandcompany.com/?p=255819 2026-06-11T19:34:15Z 2026-06-15T14:26:32Z What clauses could cause future issues? Employers frequently bury restrictive covenants in severance agreements. Workers may find themselves subject to a non-compete agreement or a non-solicitation agreement. A non-compete agreement could effectively prevent a worker from starting their own company or taking a job with a direct competitor in a specific geographic area for a set amount of time after their termination. They may either have to relocate or move into a different industry to avoid violating the agreement. A non-solicitation agreement may effectively prevent them from offering employment opportunities to their former co-workers after they start their own business or seeking to do business with their former employer’s clients, customers or vendors. Restrictive covenants can impact a person’s career for years. Liability waivers are another common inclusion in a severance agreement. Employees effectively absolve the employer of any liability by accepting the severance package. They may not be able to file a lawsuit for wrongful termination, discrimination or prior wage violations if they sign a severance agreement with a liability waiver.

Was the termination wrongful?

Businesses sometimes provide excuses as a pretext for what is truly a wrongful termination. Employers may claim that they have eliminated a position, that there were issues with the employee’s performance or that a workplace cultural mismatch warranted the termination. In reality, the decision might have a basis in the person’s protected characteristics, making it discriminatory. It could also be the result of an employee asserting their legal rights, which might make it a retaliatory firing. Having the right legal guidance while evaluating the severance agreement could help employees identify signs of wrongful termination and avoid waiving their right to take legal action to hold their employer accountable. Recognizing the potential consequences of signing a severance agreement without review can help them assert themselves despite the fear and stress they may experience upon learning of their termination.]]> On Behalf of Formisano & Company <![CDATA[The hidden signs of a hostile work environment]]> https://www.formisanoandcompany.com/?p=255816 2026-05-06T20:44:50Z 2026-04-29T14:04:25Z Many employees describe their workplace as “toxic” or say they have a “mean boss,” but not every unpleasant job rises to the level of a legally actionable hostile work environment. Understanding the difference is important, especially if you are trying to decide whether your situation may warrant a lawsuit. A difficult supervisor can make work stressful. Yelling, micromanaging, favoritism and unfair criticism can create a negative atmosphere. While these behaviors are frustrating and sometimes inappropriate, they are not necessarily illegal on their own. Employment laws generally do not prohibit rude or poor management unless the conduct at issue crosses into discrimination or harassment based on a protected characteristic.

When is a rough work environment a legally actionable situation?

A legally actionable hostile work environment involves harassment that is tied to a protected category such as race, sex, religion, national origin, age, disability or another status protected under applicable law. The conduct at issue must also be severe or pervasive enough to have effectively inspired or facilitated an abusive working environment. This is a higher threshold than many people expect. The hidden signs of a potentially actionable hostile work environment often involve patterns rather than isolated incidents. Repeated comments, jokes or slurs directed at a protected characteristic can be one indicator. So can exclusion from opportunities, unequal discipline or offensive materials displayed in the workplace when they are tied to discriminatory intent. Harassment may also come from coworkers, supervisors or even third parties, such as customers, if the employer knows about the conduct and fails to address it. Reporting concerns internally, such as through human resources, can also be a necessary step, as employers typically must have an opportunity to correct the problem before it becomes legally actionable. That isn’t to say that an affected employee should wait to seek legal guidance until they’ve spoken with HR, however. Sometimes, crafting a response with a skilled legal professional from the start can help to ensure a favorable outcome.  If you are unsure whether your experience crosses this legal threshold, seeking legal guidance can provide clarity. While not every difficult workplace is illegal, certain patterns and behaviors may indicate a hostile environment that deserves closer attention and qualifies for protection under the law. ]]> On Behalf of Formisano & Company <![CDATA[Rhode Island final paycheck laws employees should know]]> https://www.formisanoandcompany.com/?p=255815 2026-04-22T14:24:48Z 2026-04-24T14:24:37Z Employees count on their paychecks to cover basic life expenses, so they need those payments to come to them on time. One instance in which they may not be certain about how their pay will be handled is when their employment ends.  In Rhode Island, there are clear standards set in law that dictate when the final paycheck must be issued. Employers are required to comply with the law, but that doesn’t mean they will. 

When must employers issue a final paycheck?

Employers are typically required to pay all wages earned on the next scheduled paycheck if an employee is terminated or resigns. The pay that’s required includes the salary, hourly wages, and all other compensation that’s earned and falls within company policies. Any delays can lead to considerable legal issues, even if the employer claims that there were administrative issues causing the delay. 

What happens if final paychecks aren’t issued properly?

When a final paycheck isn’t provided on time, employees can file a wage complaint with the Rhode Island Department of Labor and Training. This requires them to show the amount they’re owed and the timeline of their employment. Pay stubs, written agreements and any communication with the employer may be useful in these claims.  Employers sometimes argue that disputes over hours worked, internal process delays or unused benefits are the basis for delays. While those may be present, the law states that the employer must pay all wages that aren’t in dispute.  Employees shouldn’t be willing to accept delays in pay, particularly when it’s their final paycheck and the delay violates the law. Knowing that they have options to address this issue is crucial, so they should be prepared to take action to get the pay they’re due.  Cases surrounding unpaid wages can be complex, so it’s best to work with someone familiar with these matters. Employers often try to use high-powered attorneys to get their way, but it’s possible for the employees to fight back. These cases are time sensitive, so swift action is necessary. ]]> On Behalf of Formisano & Company <![CDATA[Asserting rights as an employee during a reduction in force]]> https://www.formisanoandcompany.com/?p=255812 2026-04-20T21:21:29Z 2026-04-24T14:20:59Z Request the assessment criteria When businesses decide who to lay off or who to retain in an RIF scenario, the first stage in that process is typically establishing clear credentials for evaluating workers. Asking to see the metrics applied when assessing individuals could help workers understand the decision and possibly begin building a case to prove that their inclusion was inappropriate based on the company's metrics.

Evaluate the pool of affected workers

Many layoff-related wrongful terminations relate to discrimination. Companies may use layoffs as an excuse to get rid of older workers who command higher wages or members of other protected groups. If the lay off disproportionately affected workers with certain protected characteristics, that could be indicative of organizational discrimination.

Review retaliation triggers

In some cases, layoffs may be wrongful terminations because they are retaliatory rather than discriminatory. If management specifically laid off everyone involved in recent attempts to unionize a factory, for example, the termination of everyone involved in organizing could be a red flag of retaliation. Individual actions could also trigger retaliation. Reporting sexual harassment, acting as a whistleblower or even requesting unpaid leave under the Family and Medical Leave (FMLA) could all lead to employers unfairly including individuals in the layoff because they previously engaged in protected workplace activities.

Review the situation with an attorney

Especially in scenarios where there appears to be a trend regarding who lost their job or there were protected workplace activities that occurred shortly before layoffs, workers may benefit from discussing the situation with an employment law attorney. Reviewing documentation of potential discrimination or retaliation with a skilled legal team could help those who lose their jobs unexpectedly evaluate their options. A wrongful termination lawsuit may sometimes be possible, and a successful lawsuit might lead to either reinstatement to a prior position or compensation for the economic harm caused by an unlawful layoff.]]> On Behalf of Formisano & Company <![CDATA[How long can FMLA leave last?]]> https://www.formisanoandcompany.com/?p=255813 2026-04-20T21:22:13Z 2026-04-23T14:30:53Z Employees may be eligible for 12 weeks of leave annually Most workers are eligible for a maximum of 12 weeks of FMLA leave per 12-month period. Even in cases where an individual experiences multiple qualifying events in a single year, the law only allows them to take a maximum of 12 weeks of leave to recover from birth, address their own medical challenges or support a family member. Some people specifically choose to limit their FMLA leave to ensure they have a residual buffer in the event of another personal or family emergency. It is worth noting that there is one exception to the standard 12-month limit. In cases where workers request unpaid FMLA leave specifically for the purpose of caring for an immediate family member who is an active-duty military service member in need of medical support, the FMLA actually allows for up to 26 weeks of unpaid leave. Workers who follow appropriate company procedures should be able to take leave as necessary and then return to their jobs without facing any professional setbacks. Employers cannot retaliate by demoting workers, terminating them or reducing their wages. If employers have unfairly punished workers who request unpaid FMLA leave, those professionals could take legal action to hold their employers accountable. Documenting issues related to an FMLA leave request can help workers maintain a healthy work-life balance, even if they must take an extended leave of absence from their job.]]> On Behalf of Formisano & Company <![CDATA[Avoiding career setbacks after reporting police misconduct]]> https://www.formisanoandcompany.com/?p=255814 2026-04-20T21:23:07Z 2026-04-22T14:27:23Z facing a hostile work environment if information about their reporting activity spreads to co-workers. Even private-sector employees may worry that their employers might punish them for participating in a complicated legal process that could draw scrutiny of them as individuals and of the company that employs them. How can those fighting back against police misconduct protect themselves from unfair consequences?

Have documentation before taking action

People who experienced or witnessed police misconduct generally need to document what occurred as thoroughly as possible before reporting the matter to regulatory authorities or initiating legal action. Appropriate documentation can include copies of abusive communications and medical records. Video footage of misconduct in progress, possibly recorded by others nearby, can play an important role. Written records that detail problematic behavior can also help show that misconduct occurred. The more evidence there is of misconduct, the better.

Obtain legal support early

It is often advisable to consult with an attorney before making any public or formal accusations of police misconduct. Those reporting civil rights violations as members of the general public may need to take certain steps, but the process is far different for public-sector employees acting as internal whistleblowers. An attorney can evaluate the evidence already collected to determine if it is strong enough to justify litigation. They can also help the reporting professional explore options for protecting themselves, ranging from confidentiality rules to proactive disclosure to an employer.

Be ready to recognize retaliation

Workplace retaliation may begin with ostracization or bullying. It could also involve unjustified demotions and terminations. Professionals generally need to keep records of any problematic interactions they have in the workplace and any early warning signs of potential employer retaliation. The right legal guidance can make a profound difference for career-minded individuals who need to report or take legal action regarding police officer misconduct without sacrificing their careers.]]> On Behalf of Formisano & Company <![CDATA[Limits of non-disparagement clauses in severance agreements]]> https://www.formisanoandcompany.com/?p=255811 2026-04-20T21:24:22Z 2026-04-21T15:24:07Z Severance agreements often include a host of terms that the former employee must comply with in order to receive their severance. Many of these agreements include terms that forbid the individual from criticizing the company after they leave. These were once commonplace, but labor rulings have changed that assumption.  The McLaren Macomb decision by the National Labor Relations Board was handed down in 2023. The board noted that employers may be violating federal labor law when they include non-disparagement or confidentiality clauses in the severance agreements if those clauses interfere with specific rights. 

Employers can’t block certain discussions

Employees have to be able to discuss specific work-related issues, such as work conditions, pay and labor violations. Even if they don’t work for the company any longer, they can’t be banned from discussing those matters.  The decision in McLaren Macomb doesn’t mean that non-disparagement and confidentiality clauses are always forbidden in severance agreements. These clauses can still cover narrow scopes, such as trade secrets, privileged information and truly disparaging remarks, but that’s generally the limit.  The decision in 2023 wasn’t the end of this matter. On April 7, 2026, the NLRB issued a decision in Prime Communications, LP that leaves the McLaren Macomb standard in place. This means that there is a current decision that limits what can be included in severance agreements. Any severance agreement that includes terms that attempt to silence former employees in too broad of a manner could be considered unenforceable. For employees, the lesson in this matter is that there are specific limits to what employers are allowed to put into severance agreements. It’s always best to read any employment agreement prior to signing anything, even if the contract is being presented as something that’s standard.  It’s a good idea to have assistance with reviewing severance agreements, primarily because they are often filled with complex legal statements. It may be beneficial to work with someone who’s familiar with these matters so they can alert you to anything that might be concerning and so they can help you uphold your rights and responsibilities.]]> On Behalf of Formisano & Company <![CDATA[When can employers refuse to provide pregnancy accommodations?]]> https://www.formisanoandcompany.com/?p=255809 2026-04-14T19:47:49Z 2026-04-16T19:46:50Z Pregnant Workers Fairness Act, employers with 15 or more workers generally have an obligation to offer reasonable accommodations for pregnant women to help them work safely throughout all three trimesters. What types of accommodation requests can employers legally refuse?

Accommodations should be reasonable

Neither the ADA nor the Pregnant Workers Fairness Act explicitly details the exact accommodations that companies must provide to pregnant employees. Each woman’s body and pregnancy are unique, and accommodations may also vary depending on the type of job a woman performs. Physicians generally determine functional limitations and accommodation requirements on a case-by-case basis. The law does not explicitly approve certain accommodations or restrict other types of requests. What it does is provide blanket protection for reasonable requests from workers. Workers may need to limit their heavy lifting, which may require a change in their standard job tasks. They may need to work from home or have a chair available so they are not on their feet all day. They may need more time to take bathroom breaks or other relatively minimal accommodations.

Exceptions for “undue hardship”

Employers need to provide requested accommodations as long as they can do so without incurring significant expenses or facing major operational difficulties. For a company to deny a pregnant worker accommodations without violating federal statutes, the business must be able to reasonably claim that the worker’s request creates undue hardship. Even then, employers should try to propose alternate accommodations that create fewer challenges for the company. Workers may need assistance ensuring they adhere to company policy and have appropriate medical documentation when requesting accommodations. Documenting everything and consulting with a pregnancy discrimination attorney can help employees denied reasonable accommodations secure the support they require or hold their employers accountable for violating their rights.]]>