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New Obligations for Employers Concerning Pregnant and Nursing Employees

January 4, 2023

Just before the turn of the new year, President Biden signed two laws that directly affect certain employers’ obligations to their pregnant and nursing employees: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.


The Pregnant Workers Fairness Act (PWFA)

The PWFA requires most employers to grant American-with-Disabilities-like reasonable accommodations for pregnant employees, including light duty and other arrangements, so far as the arrangements do not cause an undue burden on the employer and their operations. The law’s framework echoes that of the ADA, but temporarily carves out protections specifically for pregnant workers. As required by ADA, a pregnant worker would still need to be able to complete the essential functions of their role to be afforded the protections of their accommodation request.


The PWFA requires employers with 15 or more workers to provide such arrangements for job applicants and employees with conditions related to pregnancy or childbirth. Like the ADA, the PWFA prohibits employers from discriminating or retaliating against an employee for exercising their right to a pregnancy related accommodation.


The PWFA will be enforced by the US Equal Employment Opportunity Commission and the United States Attorney General’s Office.


The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act

The PUMP Act extends already existing privileges under the Fair Labor Standards Act and requires employers with 50 or more employees to provide breaks and a private space, other than a restroom, for breastfeeding workers to express milk. Under the Act, many workers not previously entitled to lactation accommodations under federal law (such as salaried employees) are now covered.

The PUMP Act extends the need to provide these accommodations for up to one year after the employee’s child is born.


The Act contains “opportunity to cure” language that requires employees who believe their employer is out of compliance with the Act to give their employer notice of the potential violation, and 10 days to come into compliance, before making any claim of liability against their employer.


The Department of Labor (DOL) Wage and Hour Division is charged with enforcing the PUMP Act.


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

Massachusetts Wage Act Claims for Unpaid Bonuses Dismissed

March 5, 2025
A recent Massachusetts ruling regarding unpaid bonuses is extremely important for employers in light of the wave of litigation involving the Massachusetts Wage Act. In this case, Plaintiff brought claims under the Massachusetts Wage Act for unpaid bonuses under ERISA, alleging that her former employer deprived her of guaranteed bonus payments. This case is of particular interest as it is rare for a court to consider the substantive nature of a case during the dismissal stage. However, in this case, the judge ruled on the substantive nature of the wages Plaintiff claimed, outside of the purview of a typical motion to dismiss decision. The court decided that the compensation of a bonus under ERISA is “discretionary or contingent upon the employee remaining with the company [and] is not considered a wage subject to the wage act” and dismissed the claims of unpaid wages, only allowing the retaliation claims to proceed. The judge found that bonuses did not constitute wages as they are not earned. This decision can help to decrease employers’ concerns about wage claims, particularly those related to bonuses and deferred compensation.  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.

Recent Department of Education Investigation has Created More Questions Regarding DEI-Type Protocols for Employers

February 26, 2025
Recent executive orders issued by the executive branch have raised questions for many employers, especially relating to DEI policies. While it was initially interpreted that the executive orders regarding the presence of DEI policies only applied to federal agencies and companies that receive federal funds, a recent investigation by the Department of Education has raised questions about whether privately funded organizations and companies could face prosecution.  In Massachusetts, the Massachusetts Interscholastic Athletic Association (as known as MIAA), a program not directly funded by the federal government, is being investigated by the Department of Education for an alleged violation of Title IX in allowing transgender individuals to participate in women’s sports. While MIAA’s policy is loosely related to DEI protocols, this investigation seems to declare that support of DEI-type programs and policies by private companies can be prosecuted akin to this investigation. It is investigations such as these that has led to a movement called “rainbow-hushing,” in which companies drop or quietly rebrand their diversity, equity and inclusion programs to avoid prosecution. While confusion and contradictions between anti-discrimination laws and the new wave of executive orders issued by the executive branch remain abound, it is prudent practice to seek legal counsel to avoid prosecution under the new executive orders, akin to MIAA. 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.
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