The Blog

On June 21, 2023, the Massachusetts Supreme Judicial Court issued its decision in Adams v. Schneider Electric USA, Inc., addressing the so-called “Cat’s Paw” theory of liability. In reversing summary judgment originally granted in favor of the employer Schneider Electric, the SJC concluded that an employer can still violate the Massachusetts anti-discrimination statute, G.L. c. 151B, where there is evidence that a manager, instructed to lay off employees, furthered a discriminatory corporate policy without even knowing it. The concept, adopted by the SJC, is often referred to as the “cat’s paw” theory of discrimination.

Construction input prices were unchanged in July relative to the previous month, according to an Associated Builders and Contractors analysis of U.S. Bureau of Labor Statistics Producer Price Index data. Nonresidential construction input prices fell 0.1% for the month.

On July 13, the U.S Department of Labor launched its “High Road to the Middle Class” map, highlighting existing workforce development programs that meet certain criteria to be designated by the DOL as “high road training programs.”

WASHINGTON, July 12—Associated Builders and Contractors applauds the U.S. House of Representatives Committee on Oversight and Accountability’s passage of the Fair and Open Competition Act, H.R. 1209. FOCA would protect federal and federally assisted construction contracts from anti-competitive and inflationary government-mandated project labor agreements and allow merit shop contractors and their skilled employees to have a fair chance at competing to win government contracts to build taxpayer-funded construction projects.

In accordance with our long-time strategic plan, ABC MA has launched Building Mass Careers (BMC), a 501(c)3 charitable organization, to formalize our workforce development program and help provide member companies with the qualified workers we all so desperately need.

Fatalities that are tied to work zones are edging up nationally, prompting policymakers and construction industry employers alike to act, not just to promote awareness of the risks but to institute improved controls to abate them.

Previously I wrote that my priority as ABC MA chair was to help member companies succeed just like earlier generations at our chapter helped me. This month, I’m pleased to offer an example of that help: our chapter’s new Member Success Kit. Just click on the link to find a concise guide to all the ways ABC and our Chapter can help your company.

Massachusetts General Law Chapters 93A and 176D, long a compelling and formidable mechanism for consumers, has been extended beyond its usual confines to become a further source of consternation in the insurance industry. The Consumer Protection Act and the Unfair Methods of Competition and Unfair and Deceptive Acts and Practices in the Business of Insurance are dual sides of the same coin, often acting as the other’s counterpart when allegations of deceptive practices arise in the context of trade. A recent ruling by the Massachusetts Appellate Court affirms the influence of these two laws.

Few in construction would dispute that the eight million people the industry employes nationwide are our most valuable asset. These men and women use tools every day. In May, which is Mental Health Awareness Month, we focus on making sure they have the tools they need for suicide prevention and to enhance their mental health.

Imagine you receive an email from a known creditor containing an invoice for an account payable. The email contains instructions for you to pay the invoice through an accredited clearing house (ACH). The email further contains the creditor’s bank account information for depositing the ACH payment. You pay the invoice by depositing the ACH payment as instructed in the email.