OSHA Issues Rule Based upon Biden Mandate

November 5, 2021
OSHA published its rule putting into effect President Biden’s mandate regarding worker vaccinations

Yesterday, November 4, 2021, OSHA published its rule putting into effect President Biden’s mandate regarding worker vaccinations. The OSHA rule provides some needed clarity for employers in terms of compliance.


The previously announced Biden mandate applies to employers of 100 or more employees, medical facilities that receive funding from Medicare or Medicaid, and federal contractors with a contract value over $250,000. However, the announcement did not address how the number of 100 employees would be calculated. While the OSHA rule clarifies multiple different scenarios of how to calculate the total number of employees (including whether to use independent contractors, or employees working remotely, or employees working in different locations), the rule makes clear that the number of employees is to be calculated using the number of employees as of the date the rule was published. The OSHA rule also clarifies that employers who had adopted a mandatory vaccine policy prior to the Biden mandate are in compliance, even if those policy contains exceptions for employees who are not vaccinated based upon religious grounds and disability/medical grounds.

The OSHA rule also states that covered employers who do not comply could face penalties of $14,000 per violation. Further, employers’ mandatory vaccination plan must be readily accessible to all employees. In addition, the OSHA rule mandates that employers have 30 days from the effective date of the rule to:


  • establish a vaccination policy;
  • determine vaccination status of employees and obtain proof,
  • ensure unvaccinated employees wear face masks at work and in company vehicles; and
  • provide employees information about workplace policies/procedures, and protections against retaliation and discrimination, and also information about laws with potential criminal penalties for supplying false information.


The Rule further clarifies that Employers will have 60 days from the date the rule becomes effective to ensure that unvaccinated employees test weekly.


The new OSHA rule will add a new wrinkle to the constantly fluid situation of compliance with government regulations based upon the COVID 19 pandemic. 


If you have any questions about the new OSHA rule, or any other aspect of employment law, please do not hesitate to contact the attorneys at The Royal Law Firm.

Massachusetts Wage Act: Not Even a Single Day Delay

April 18, 2025
Employee's Wage Act Claim Case Overview : In Turgut v. Hitachi Rail STS USA, Inc., Plaintiff filed a putative class action against a company, Defendant, alleging violation of the Wage Act by not paying wages within six days of the pay period's end. Defendant argued that its employees fell under the exception that allowed seven days for payment; however that exception only applies to hourly workers that work all seven days of a work week. The plaintiff is looking to represent a class of employees that received W-2 wages in what he alleges was in an untimely manner. The case was originally filed in state court on February 20, 2025 but was moved to federal court. Reason for Treble Damages: Under Rueter v. City of Methuen, the seminal case regarding the Massachusetts Wage Act (“Wage Act”), the proper measure of damages under the Wage Act is treble damages. Previously employees were only entitled to interest on the unpaid wages if the company paid before proceedings started. It kept noncompliance from being as costly as it is now. Currently any violation can be subjected to treble damages for the total amount of the alleged late payment. It’s expected that we will see more cases pick up by attorneys because the treble damages make it worthwhile for their clients as well as themselves, given this recent ruling. Judge's Ruling : The Judge ruled that the six-day deadline applies. The Judge stated that while the complaint didn’t make it clear if plaintiff is hourly or salary, plaintiff only worked five days a week, meaning that the seven-day exception did not apply as the Wage Act was written. Legal Implications Legislative History : The Wage Act provides different deadlines for an employee’s final pay based on the number of days worked in a week. This case also emphasizes that having salaried workers on staff does not fulfill the requirement of having employees work seven days a week. Significance of One Day : The judge emphasized that even a single day's delay in payment can significantly impact employees living paycheck to paycheck. What Employers need to know Make sure you’re aware of your employees’ pay cycle and make compliance a company priority. It’s more cost effective to pay a day or two earlier than it is to head to court over claims of violations. This ruling expands on the Reuter ruling by clarifying the Wage Act rules in relation to hourly employees. If an hourly employee resigns, ensure that automatic payment systems (as well as the employer’s own internal pay systems) are aligned with the requirements of this ruling. 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.

Royal was Proud to Sponsor the 2025 BusinessWest Difference Makers Event!

April 10, 2025
Though the Difference Makers event has come to a close, let's continue to shine a light on the transformative power of giving back to our community! Every year, The Royal Law Firm is humbled to be a part of this incredible event that spotlights the brightest stars in our community. We can't wait to celebrate the 2026 Difference Makers and the boundless impact they'll have!