Royal

New Provisions in Effect for Pregnant Workers Fairness Act

July 5, 2024

 

The U.S. Equal Employment Opportunity Commission (EEOC) issued the final regulation to implement the Pregnant Workers Fairness Act (PWFA) on April 15, 2024, with the regulations becoming effective on June 18, 2024.

 

Key provisions of the final rule, summarized from the EEOC, include[1]:

 

  • Clarifies that pregnancy, childbirth, or related medical conditions refer to those of the specific employee in question;
  • Addresses whether the employee could perform the essential function(s) “in the near future” in situations other than during pregnancy is determined on a case-by-case basis;
  • The final rule specifies that a physical or mental condition must be “related to, affected by, or arising out of” pregnancy, childbirth, or related medical conditions. It explains that this term is inclusive, meaning pregnancy, childbirth, or related medical conditions do not need to be the sole, original, or substantial cause of the condition for it to be considered “related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions”;
  • The final rule explains how, depending on the facts, certain actions may constitute violations of the prohibitions on retaliation and coercion. These actions include failing to provide interim reasonable accommodation, seeking supporting medical documentation or information when not permitted under the PWFA or the final rule, or disclosing confidential medical information.

 

The PWFA mandates that employers with 15 or more employees provide reasonable accommodations to qualifying employees or applicants with conditions related to pregnancy and/or childbirth.

 

Click here to read our blog post from January 4, 2023, which outlines employer obligations under the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.

 

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.


  [1] https://www.eeoc.gov/summary-key-provisions-eeocs-final-rule-implement-pregnant-workers-fairness-act-pwfa

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!
Share by: