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Women in Labor Blog

14 Feb, 2024
Effective January 1, 2024, all businesses conducting and engaging in business within the United States, have one more requirement to add to their list. The Corporate Transparency Act (“CTA”), was passed by Congress in 2021, and recently took effect January 1, 2024. What is it? The Act requires businesses to report their “beneficial owners” to the government through a Beneficial Ownership Information (BOI) report. A “beneficial owner” is someone who owns 25% or more of the business or exercises substantial control over it. The reports are made to the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN), which has been tasked with maintaining a national registry of beneficial owners of the reporting companies. Why was this passed? The Act is Congress’ attempt to prevent money laundering, terrorism financing, tax fraud, and other illicit activities including human and drug trafficking and securities fraud (aka prevent shell corporations and hiding money). While shell corporations are not illegal, they can be used to engage in activities that shield entities from legal liability, which is disfavored by the government and courts. Certain circumstances actually benefit from the use of a shell corporation, i.e. where companies seek to take advantage of doing business “offshore.” However, the “bad actors” who abuse this business structure have used such strategies for personal gain and, according to the government, hide from legal liability. Who does it effect? The new reporting requirement affects all businesses, corporations, and LLCs, no matter how big or small. It also affects non-US entities that are registered to conduct business with any state or territory within the United States. How do you comply? To remain in compliance with the reporting requirement, business must file the report by year end of 2024. If you create a business this year, 2024, but before January 1, 2025, you will have 90 calendar days after receiving notice of the company’s creation or registration to file the initial BOI report. Notice is actual notice received or public notice by the secretary of state, whichever is earlier. Failure to comply could lead to financial penalties or jail time. Such penalties include felony convictions, $500 daily (for every day of non-compliance) penalty up to $10,000, up to two years in prison. 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.
30 Jan, 2024
New Year, New Laws in New York
04 Jan, 2024
On December 22, 2023, New York Governor Kathy Hochul vetoed New York Senate Bill S3100A, which broadly prohibited employee non-compete agreements. The bill had previously been passed by both New York legislative houses in June 2023. The bill had been criticized by Governor Hochul for three main reasons: 1) the bill did not contain a salary cap, but instead broadly prohibited non-compete agreements at every level of employment, no matter the compensation level or bargaining power of the employee, 2) there was no carve-out for non-competes entered into in connection with the sale of a business, and 3) there was no exception for non-compete agreements or provisions providing for the forfeiture of compensation if an employee left to join a competitor or non-compete agreements providing for garden leave pay (pay during the non-competition period) in place of competition. In November 2023, Governor Hochul had expressed concerns regarding the scope of the bill, stating that she supported limiting the use of non-compete agreements for low to middle income workers earning under $250,000. However, when the bill was sent to Governor Hochul for approval, the bill was not amended to address the above concerns or to put a salary cap on prohibited non-competes. Within the 10-day consideration period after the bill was sent to Governor Hochul, Governor Hochul and the New York legislature could not come to agreement with respect to a salary cap, which Governor Hochul had previously stated was vital to protect lower to middle income employees, while permitting businesses to retain highly compensated individuals. The legislature is expected to reintroduce non-compete legislation in 2024. 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. 
02 Nov, 2023
On Tuesday, October 10, 2023, a legislative hearing was held on Bill H 1882, a bill to protect employees from psychological abuse. The proposed bill, from Representatives Giannino and Doherty, would make it illegal for employers to engage in psychological abuse. Examples given of this type of abuse are excessive monitoring, public degrading, or unreasonable workloads. Under the legislation, anti-retaliation policies would need to be implemented by employers along with monitoring incidents dealing with psychological abuse, and initiating investigations within five (5) business days of receiving a complaint from an employee about psychologically abusive behavior. With this pending legislation, employers need to think about updating policies and practices and have an overall plan for implementation. The Royal Law Firm is a woman-owned law firm that exclusively represents and counsels businesses throughout the New England states and New York. Our attorneys not only litigate, but provide a variety of preventative work to our clients. If your business is in need of an employee handbook review, please reach out to us! 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. 
27 Oct, 2023
On Wednesday, October 25, 2023, the United Auto Workers (“UAW”) union reached a tentative deal with Ford, which could be a breakthrough in UAW’s six-week long strike over inadequate pay at Detroit automakers.  The four-year deal gives workers a 25% pay increase, as well as cost-of-living increases that will increase workers' pay to over 30%, to above $40 per hour for top-scale assembly plant workers by the end of the contract. The deal still must be approved by UAW’s 57,000 union members. However, the deal signals the end of a strike that has affected Ford, General Motors, and Jeep Maker Stellantis. Historically, settlement with one of the automakers has led to equal settlements with others for the UAW, indicating that Stellantis and General Motors will most likely make their own deal offers to UAW in the coming weeks. The vote by UAW’s members on Ford’s offer will occur this coming Sunday. 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.
19 Oct, 2023
Recent legislative changes regarding the Massachusetts Paid Family and Medical Leave (PFML) program were made. These changes will have an impact on both employees and employers. Employees filing applications for PFML benefits on or after November 1, 2023 may supplement with any available accrued paid leave such as sick time, vacation, PTO, etc. The combined weekly sum of PFML benefits and employer-provided leave benefits cannot exceed the employee's Individual Average Weekly Wage (IAWW). Applications filed retroactively for a leave that begins prior to November 1, 2023 are eligible for topping off if the application is filed on or after November 1, 2023. The Department of Family and Medical Leave (DFML) will be providing further guidance in the coming days regarding "topping off". 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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Women in Labor Blog

14 Feb, 2024
Effective January 1, 2024, all businesses conducting and engaging in business within the United States, have one more requirement to add to their list. The Corporate Transparency Act (“CTA”), was passed by Congress in 2021, and recently took effect January 1, 2024. What is it? The Act requires businesses to report their “beneficial owners” to the government through a Beneficial Ownership Information (BOI) report. A “beneficial owner” is someone who owns 25% or more of the business or exercises substantial control over it. The reports are made to the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN), which has been tasked with maintaining a national registry of beneficial owners of the reporting companies. Why was this passed? The Act is Congress’ attempt to prevent money laundering, terrorism financing, tax fraud, and other illicit activities including human and drug trafficking and securities fraud (aka prevent shell corporations and hiding money). While shell corporations are not illegal, they can be used to engage in activities that shield entities from legal liability, which is disfavored by the government and courts. Certain circumstances actually benefit from the use of a shell corporation, i.e. where companies seek to take advantage of doing business “offshore.” However, the “bad actors” who abuse this business structure have used such strategies for personal gain and, according to the government, hide from legal liability. Who does it effect? The new reporting requirement affects all businesses, corporations, and LLCs, no matter how big or small. It also affects non-US entities that are registered to conduct business with any state or territory within the United States. How do you comply? To remain in compliance with the reporting requirement, business must file the report by year end of 2024. If you create a business this year, 2024, but before January 1, 2025, you will have 90 calendar days after receiving notice of the company’s creation or registration to file the initial BOI report. Notice is actual notice received or public notice by the secretary of state, whichever is earlier. Failure to comply could lead to financial penalties or jail time. Such penalties include felony convictions, $500 daily (for every day of non-compliance) penalty up to $10,000, up to two years in prison. 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.
30 Jan, 2024
New Year, New Laws in New York
04 Jan, 2024
On December 22, 2023, New York Governor Kathy Hochul vetoed New York Senate Bill S3100A, which broadly prohibited employee non-compete agreements. The bill had previously been passed by both New York legislative houses in June 2023. The bill had been criticized by Governor Hochul for three main reasons: 1) the bill did not contain a salary cap, but instead broadly prohibited non-compete agreements at every level of employment, no matter the compensation level or bargaining power of the employee, 2) there was no carve-out for non-competes entered into in connection with the sale of a business, and 3) there was no exception for non-compete agreements or provisions providing for the forfeiture of compensation if an employee left to join a competitor or non-compete agreements providing for garden leave pay (pay during the non-competition period) in place of competition. In November 2023, Governor Hochul had expressed concerns regarding the scope of the bill, stating that she supported limiting the use of non-compete agreements for low to middle income workers earning under $250,000. However, when the bill was sent to Governor Hochul for approval, the bill was not amended to address the above concerns or to put a salary cap on prohibited non-competes. Within the 10-day consideration period after the bill was sent to Governor Hochul, Governor Hochul and the New York legislature could not come to agreement with respect to a salary cap, which Governor Hochul had previously stated was vital to protect lower to middle income employees, while permitting businesses to retain highly compensated individuals. The legislature is expected to reintroduce non-compete legislation in 2024. 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. 
02 Nov, 2023
On Tuesday, October 10, 2023, a legislative hearing was held on Bill H 1882, a bill to protect employees from psychological abuse. The proposed bill, from Representatives Giannino and Doherty, would make it illegal for employers to engage in psychological abuse. Examples given of this type of abuse are excessive monitoring, public degrading, or unreasonable workloads. Under the legislation, anti-retaliation policies would need to be implemented by employers along with monitoring incidents dealing with psychological abuse, and initiating investigations within five (5) business days of receiving a complaint from an employee about psychologically abusive behavior. With this pending legislation, employers need to think about updating policies and practices and have an overall plan for implementation. The Royal Law Firm is a woman-owned law firm that exclusively represents and counsels businesses throughout the New England states and New York. Our attorneys not only litigate, but provide a variety of preventative work to our clients. If your business is in need of an employee handbook review, please reach out to us! 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. 
27 Oct, 2023
On Wednesday, October 25, 2023, the United Auto Workers (“UAW”) union reached a tentative deal with Ford, which could be a breakthrough in UAW’s six-week long strike over inadequate pay at Detroit automakers.  The four-year deal gives workers a 25% pay increase, as well as cost-of-living increases that will increase workers' pay to over 30%, to above $40 per hour for top-scale assembly plant workers by the end of the contract. The deal still must be approved by UAW’s 57,000 union members. However, the deal signals the end of a strike that has affected Ford, General Motors, and Jeep Maker Stellantis. Historically, settlement with one of the automakers has led to equal settlements with others for the UAW, indicating that Stellantis and General Motors will most likely make their own deal offers to UAW in the coming weeks. The vote by UAW’s members on Ford’s offer will occur this coming Sunday. 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.
19 Oct, 2023
Recent legislative changes regarding the Massachusetts Paid Family and Medical Leave (PFML) program were made. These changes will have an impact on both employees and employers. Employees filing applications for PFML benefits on or after November 1, 2023 may supplement with any available accrued paid leave such as sick time, vacation, PTO, etc. The combined weekly sum of PFML benefits and employer-provided leave benefits cannot exceed the employee's Individual Average Weekly Wage (IAWW). Applications filed retroactively for a leave that begins prior to November 1, 2023 are eligible for topping off if the application is filed on or after November 1, 2023. The Department of Family and Medical Leave (DFML) will be providing further guidance in the coming days regarding "topping off". 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.
11 Oct, 2023
On Tuesday, October 10, 2023, a legislative hearing was held on Bill H 1882, a bill to protect employees from psychological abuse. The proposed bill, from Representatives Giannino and Doherty, would make it illegal for employers to engage in psychological abuse. Examples given of this type of abuse are excessive monitoring, public degrading, or unreasonable workloads. Under the legislation, anti-retaliation policies would need to be implemented by employers along with monitoring incidents dealing with psychological abuse, and initiating investigations within five (5) business days of receiving a complaint from an employee about psychologically abusive behavior. 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.
05 Oct, 2023
Where a plaintiff teacher has alleged that she was retaliated against her for exercising her First Amendment rights, the U.S. District Court has held in favor of the defendants. The court found that the defendants had produced ample evidence to show that the plaintiff’s speech had the potential to disrupt the school district’s learning environment. Defendants did not contest that the teacher produced the TikTok videos in question as a private citizen or that her posts were a motivating factor in the decision to terminate. Instead, Defendants argued that the teacher’s speech caused a ‘disruption to teaching and learning’ which justified her termination. It is undisputed that at least some teachers were concerned about the learning environment, but less clear that teachers needed to devote substantial class time to addressing distractions caused by the posts. Nor were there reports of calls or complaints from parents or other community members. The court held that the Defendants need not allow events to unfold to the extent that the disruption of the office and the destruction of working relationships is manifest before taking action. As a public-school teacher, contact with the public, including students and parents who may have been part of groups that the teacher’s posts disparaged, was part of the teacher’s day-to-day responsibilities. The teacher herself acknowledged that her posts could be viewed as derogatory towards transgender individuals. Several colleagues recognized the posts as inconsistent with the District’s mission to promote tolerance and respect for human differences. Moreover, Defendants’ concerns regarding the nature of the teacher’s posts were directly tied to a risk of disruption in student learning; especially posts regarding transgender students, could make students feel unsafe, unwelcome, or otherwise distracted from learning. Ultimately, the court held that the Defendants were entitled to terminate a public-facing employee who had taken a stance in direct contradiction to the District’s stated mission. 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.
29 Sep, 2023
The Massachusetts Commission Against Discrimination recently found that a hospital discriminated against one of its nurses on the basis of her disability. By refusing to excuse the nurse from the obligation to work overtime when needed, the hospital failed to offer her a reasonable accommodation for her disability. In its challenge to the commission’s decision, the hospital did not contest the finding that the nurse was a “handicapped person,” but instead contended that her claim nonetheless fails because she was unable to perform an essential function of the job of an inpatient nurse: to work overtime when required. In other words, the hospital contended that the commission erred in concluding that overtime work was not an essential function of the job. There are a number of cases, arising in a variety of different settings, that have concluded that overtime can be deemed an essential function of a job. While it is true that a task may be an essential function even if its performance is required rarely or only in an emergency, the evidence in the present case supported the commission’s conclusion that the hospital could meet the needs of patient care without requiring the nurse to work overtime. Therefore, the commission found for the nurse in this case. 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.
14 Sep, 2023
In an effort to address wage gaps, twelve jurisdictions across the nation have enacted pay transparency legislation with New York being the most recent state. The New York pay transparency law, Bill No. S9427A, will go into effect on September 17, 2023. This law will apply to any advertisement, promotion, or transfer opportunity that will either be physically performed at least in part in New York, or that will physically be performed outside of New York but reported to a supervisor, office, or worksite in New York. Such legislation requires employers, with four or more employees, to publicly disclose salary ranges or a fixed level of compensation in job postings for positions within the state. The New York state law would also require employers to keep records of the compensation ranges for each position and the job descriptions. If the position is commission-based, employers can satisfy this by disclosing that in the job description. The legislation also includes an anti-retaliation provision against applicants and current employees for exercising their rights under the pay transparency law. The legislation does not explicitly create a private right of action and violations are subject to investigation and prosecution by the Commissioner. Civil penalties would not exceed $1,000 for the first violation, $2,000 for the second violation, and $3,000 for the third and further violations. There are lingering questions in regard to whether the law applies to employers with four employees in New York, or four employees total including ones outside the state. In the legislation, there is no specific length of time mentioned for employers to retain records of compensation ranges and job descriptions. The New York Department of Labor may issue further guidance to answer these questions. 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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