Royal

Increased Scrutiny into Sex Discrimination in Construction

April 13, 2023

According to the latest publication from the U.S. Bureau of Labor Statistics, women make up approximately 10 percent of the workers in the construction industry.


Last year, the Equal Employment Opportunity Commission (EEOC) held a hearing to discuss discriminatory practices in the construction industry. Since then, they have filed several lawsuits against construction industry employers to address the discriminatory practices.


In 2022, two new federal laws were enacted expanding protections for pregnant workers. The Pregnant Workers Fairness Act (PWFA), which goes into effect on June 27, 2023, gives workers the right to receive reasonable accommodations such as: light duty, breaks, or a stool to sit on, for pregnancy, childbirth recovery, and related medical conditions, including lactation, unless it would be an undue hardship on the employer. The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act expands breastfeeding accommodations to exempt employees.


Moreover, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act preserves an employee’s right to litigate sexual assault and/or sexual harassment claims in court, making pre-dispute arbitration agreements optional for these claims.


In summary, it is important to implement policies and procedures designed to prevent, detect, and remedy unlawful harassment. It is important to train all employees on appropriate behavior in the workplace. It is important to take complaints seriously, to investigate them, and to implement corrective action designed to end harassment. And lastly, it is important to review your hiring practices, opportunities for promotion, and pay for women in the workforce. 


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Employer’s Counterclaims in Response to Suit Under Wage Act Dismissed Per Employee’s Anti-SLAPP Motion

January 15, 2025
An employer brought counterclaims of malicious prosecution and abuse-of-process in response to a Wage Act suit brought by an employee. The Appeals Court cited that the employer’s counterclaims should have been dismissed under the anti-SLAPP (Strategic Lawsuits Against Public Participation) law. Anti-SLAPP laws are meant to provide parties with a way to quickly dismiss meritless lawsuits filed against them, usually in response to a lawsuit. The plaintiff in this case, an hourly laborer, claimed that his employer violated the Wage Act by failing to pay him for four of the six weeks he worked for them. The employer refuted these allegations, stating that the employee had only worked for two weeks, that he had been paid in full and then brought counterclaims of malicious prosecution and abuse of process. The District Court judge denied the plaintiff’s motion to dismiss the counterclaims under the anti-SLAPP law. When brought to the Appeals Court, the decision was reversed; the Appeals Court stated that the defendants did not meet the burden of showing that plaintiff’s claims lacked an objectively reasonable factual basis. This ruling suggests that it might behoove an employer to pause and wait to see if a plaintiff’s Wage Act claim fails before filing a counterclaim of abuse of process or malicious prosecution in response.  If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Compensation Plans and Contingent Compensation Pitfalls

January 8, 2025
Attorney Trevor Brice hosted a seminar on Wednesday, January 8, 2025, discussing the possible issues with current compensation plans and contingent compensation pitfalls made possible by recent court rulings. Some of the topics discussed included: Issues with current compensation plans under the FLSA Restrictive Covenants and Compensation Plans Problems with Commission-Based Compensation Plans and Possible Solutions When a Bonus is not actually a bonus and issues under the Massachusetts Wage Act This seminar was perfect for H.R. professionals and anyone in a management position. Please feel free to contact any of the attorneys at The Royal Law Firm if you have any questions on this topic!
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