Month: May 2017

In CKVC Works

State House Passes Pregnant Workers Fairness Act

by abbyt

Last week, the Massachusetts House of Representatives passed the “Pregnant Workers Fairness Act,” a law designed to extend certain protections to employees who are pregnant or are new mothers. This Act provides protections similar to those provided by the Americans with Disabilities Act, and requires employers to provide reasonable accommodations to pregnant employees / new mothers, including allowing them to take more frequent bathroom breaks, drink water while at work, be provided a stool to sit on, and be provided a time and place to nurse. The Act also makes it illegal for employers to take an adverse employment action against a pregnant woman because she asks for a reasonable accommodation. The Act also prohibits employers from requiring a woman to take a leave of absence if another accommodation can be provided.

If passed, this Act will extend reasonable accommodation requirements to employees who do not meet the statutory definition of ‘disabled’ under the Americans with Disabilities Act. Under the proposed Act, employers must engage in an interactive process with their pregnant / new-mother employees to determine if a reasonable accommodation can be provided that would allow them to perform the essential functions of their job. As drafted, this new Act would be enforced by the Massachusetts Commission Against Discrimination and would carry penalties similar to those found under chapter 151B, including emotional distress damages, punitive damages, backpay, frontpay, attorneys’ fees, and costs.

Please click here to contact a CKVC attorney if you have questions or concerns about this act.

In news

Pittsfield & Berkshires No. 1 for arts

by abbyt

The National Center for Arts Research has names Pittsfield and Berkshire County the No. 1 medium sized community in the nation for the arts.  This decision means that Berkshire County is recognized in the top 1% of all communities in the Nation for the arts.  It is wonderful to see our community’s efforts for cultural creativity and our value of the arts, rewarded.

Please see the below article for more information.

http://www.berkshireeagle.com/stories/pittsfield-berkshires-1-for-arts,506448

In CKVC Works

U.S. House Passes Bill Authorizing Comp Time — Practice Currently Unlawful under State and Federal Law

by abbyt

Under both state and federal law, employers must pay non-exempt employees overtime, at a rate of 1.5 times their regular rate of pay, for all hours worked over 40 in a workweek.  Many employers try to avoid this payment obligation by giving employees additional time off – known as “comp time” – in lieu of paying them overtime.  This practice may not violate state and federal wage laws if the time off is provided to non-exempt employees in the same week in which the excess hours are worked.  This practice most likely does violate state and federal wage laws if the time off is provided to non-exempt employees in the week following the week in which the excess hours are worked.

On May 2, 2017, the U.S. House passed the Working Families Flexibility Act which, if signed into law, would allow for the use of comp time.  According to the Act, an employer could elect not to pay a non-exempt employee overtime for hours worked over 40 in a workweek and, instead, provide that employee with time off in a following week, paid at their regular rate of pay.  As a result, employees receiving comp time would end up with less compensation but more time off.

Massachusetts tends to follow federal law on many – but not all – employment issues.  If this Act become law, it is possible that Massachusetts would elect to adopt the practice of allowing employers to provide this type of comp time.  It is also possible that Massachusetts would reject the Act and keep the current prohibition on the use of comp time outside of the workweek.

Employers should not provide comp time to their employees until the practice of doing so has been explained to an attorney and approved.  The Massachusetts Wage Act provides for triple damages for wage violations, making the improper use of comp time very costly and risky.

If you’d like to discuss comp time, please let us know.