Page 40 - BusinessWest November 23, 2020

Forecast for a $15 mini- Continued from page 26 mum wage; dur-
ing his campaign, Biden called for an increase to a $15 minimum
wage by 2026. Another likely outcome is an increase in enforcement and compliance actions against employers for wage-and-hour violations, alongside enhanced penalties.
In a follow-up to the first piece of legislation enacted by the Obama-Biden administration (the Lilly Ledbetter Fair Pay Act), Biden will also prioritize ending paycheck discrimination, evidenced by his strong support of the Paycheck Fairness Act, which would amend federal equal-pay laws to require
“a bona fide factor other than sex, such as educa- tion, training, or experience” in awarding different pay to men or women doing the same or similar work; protect workers from retaliation for discussing wages; and ban the use of salary history in the hiring process.
As an aside, Biden also supports federal legisla- tion that would provide 12 weeks of paid leave for employees for their own or a family member’s serious health condition.
Small Businesses
Biden plans to restructure the existing Paycheck Protection Program by adding oversight and an approval guarantee for eligible businesses with 50 or fewer employees. The plan also calls for measures to increase small-business access to capital through an initiative called the Small Business Opportunity Fund.
Immigration
The president-elect has proposed a 180-degree turn from the current administration’s policies when it comes to immigration. The Biden plan would call for easing legal immigration into the U.S., includ-
ing a pathway to citizenship for the large number
of immigrants in the U.S. who lack legal permanent status, as well as some of those currently working ille- gally. Biden also proposes eliminating country-based caps on immigration and increasing the number of employment-based visas awarded each year, such
as the H-1B, although those may come with stricter regulation.
“Employers can also expect a push at the federal level for a $15
”
accommodation.
The Biden-Harris agenda also includes support of
the BE HEARD (Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimina- tion in the Workplace) Act, which would establish
a national harassment-prevention task force and includes several mandates for covered employers, including mandatory non-discrimination train-
ing and limitations on the use of non-disclosure and non-disparagement clauses in settlement agreements.
Federal Agencies
Employers will likely see a return to the pro-labor days of the Obama administration’s National Labor Relations Board, which is the agency that enforces U.S. labor law in relation to collective bargaining and suspected unfair labor practices. President-elect Biden will take office and have the ability to shift the board to Democratic control within the first year of his taking office.
In addition, the administration has affirmed a strong support for the Protecting the Right to Orga- nize (PRO) Act, a substantial piece of legislation
that would provide sweeping reforms, including the imposition of substantial financial penalties on com- panies that violate labor laws. The Biden-Harris cam- paign page also promises to “go beyond the PRO Act by enacting legislation to impose even stiffer penal- ties on corporations and to hold company executives personally liable when they interfere with organizing efforts, including criminally liable when their inter- ference is intentional.”
All in all, employers should be ready for much more employee-friendly changes over the course of the next four (or eight) years. u
Andrew Adams is an attorney at the law firm Skoler, Abbott & Presser, P.C. in Springfield; (413) 737-4753;
Winter
Continued from page 27
In deciding whether a business was negligent as to any harm caused by snow and ice, a jury will be directed to consider the reasonableness of safety measures taken. This analysis takes into account all relevant circumstanc- es, including the severity of the storm, the amount of snow, the amount of time the condition existed, and the cost efficiency of safety measures.
The best way for businesses to pro- tect themselves in these circumstances is to develop a protocol for preventing accumulation of snow and ice where possible, and for prompt post-storm cleanup. A reasonable business is one that anticipates risks posed by snow and ice and takes tangible steps to mit- igate those risks.
Therefore, responsible businesses should be aware of impending weather events and take pre-storm steps (such as salting) to prevent accumulation in the first place. Removal of any snow necessary to enable patrons’ access to the business should be the first post- storm step, making sure that all walk- ways, stairs, and ramps are cleared and fully safe for use as soon as practical.
At least one method of legally compli- ant access should be established before opening for business.
Winter-weather safety doesn’t stop at the front door, either. The business
should also be cognizant of secondary weather impacts, such as the accumu- lation of water from snow melt tracked in by customers. To the extent there is any dangerous condition the business can’t fix, inside or outside, it should put up signs warning patrons of the danger (especially as a court would also evalu- ate an injured party’s own responsibil- ity for their harm in any claim).
The business should also monitor changing conditions throughout the post-storm period, such as snow that melts and then refreezes. Finally, the business should keep an eye out for season-long hazards, like large icicles accumulating along gutters and eaves.
Often, businesses choose to con- tract with an outside vendor for snow removal. Although it’s never a bad idea to put a professional in charge, be wary of relying too heavily on contractors: if the contractor is failing, the business must take appropriate steps to ensure its premises are safe.
Landlords and Homeowners
In general terms, landlords and homeowners owe the same duty to their tenants and guests as do busi- nesses to their patrons: reasonable care in removing snow and ice in any area controlled by them. Many of the same considerations apply. However, unlike
a business, a landlord cannot simply stay closed to the public until snow is cleared; rather, their tenants are often at the property throughout the dura- tion of a storm.
Accordingly, responsible land-
lords should be especially vigilant in monitoring for storms, and especially prompt in clearing any and all com- mon areas and accesses into the build- ing or units.
Drivers
Finally, drivers should be attentive to all weather conditions. Should you be involved in any accident, the rea- sonableness of your driving (including your speed) will be evaluated in light of the weather and road conditions. Preventive measures such as snow tires, and using additional caution when driving during a storm, will aid you in avoiding accidents (and liability, should an accident occur).
Drivers should be sure to thorough- ly clean their vehicles before hitting the road. Accumulation of snow and ice on hoods, windshields, roofs, and trunks is a hazard — who hasn’t seen a practical glacier fly off the roof of a semi on the Pike? State law makes clear that driv- ers are obligated to clear their vehicles before they begin driving. Scofflaws ignore this rule at their own peril: not only might you earn a fat ticket from a
state trooper, but if snow and ice flies off your roof and causes an accident, your violation of state law will be evi- dence of your negligence (and, there- fore, liability for the accident).
Conclusion
The law is clear: Massachusetts citi- zens who take a lackadaisical approach to snow removal are walking on thin ice. If you are unfortunate enough to be involved in an accident involving winter weather, you want to be sure you have taken reasonable, appropriate measures to ensure the safety of your- self and others. Fortunately, such steps are typically simple, inexpensive, and within your control.
No one likes shoveling (no one I know, anyway); however, a little shov- eling beats a lot of medical bills and legal fees. Plus, you’ll even get a little exercise. Who couldn’t use that in the middle of the darkest, coldest days of the year? u
Ryan K. O’Hara is an associate with Bacon Wilson, P.C. and a member of the firm’s litigation team. His legal practice is focused on contract and business matters, landlord-tenant issues, land- use and real-estate litigation, and accidents and injuries; (413) 781-0560; [email protected]
minimum wage.
Workplace Discrimination and Harassment
Biden supports the federal Pregnant Workers Fair- ness Act (PWFA), which was passed by the House in September, but has yet to be approved by the Sen- ate. Under the PWFA, employers would be required to reasonably accommodate pregnant workers and employees with pregnancy-related conditions and would prohibit them from (1) requiring a quali-
fied employee to accept an accommodation other than any reasonable accommodation arrived at through the interactive process; (2) denying employ- ment opportunities to a qualified employee for the known limitations related to the pregnancy, child- birth, or related medical conditions of a qualified employee; (3) requiring a qualified employee to take paid or unpaid leave if another reasonable accom- modation can be provided; and (4) taking adverse action in terms, conditions, or privileges of employ- ment against a qualified employee on account of the employee requesting or using a reasonable
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