This year has already seen substantial activity in federal employment law, but there are more significant changes in this area expected in 2023.The following is a summary of the significant new and proposed laws/rules that employers should be aware of and be taking the necessary plans for compliance.
The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)
The PUMP Act became effective on April 28, 2023. It expands existing protections under the Fair Labor Standards Act (FLSA) so that now, with some limited exceptions, all employees who are nursing a child are entitled to reasonable time and a private location (other than a restroom) to express breast milk for up to one year after the child’s birth.
Employers with less than 50 employees have a possible undue hardship exemption. A nursing break under the act is unpaid unless the employee is not completely relieved of their duties during the break. Teleworking employees also must be free from any camera observation during a covered break. Employees are protected from retaliation for exercising their rights under the act and may enforce a violation of the act through a private cause of action.
The Pregnant Workers Fairness Act (PWFA)
The PWFA codifies protections for employees already in effect under the Americans with Disabilities Act. Under the PWFA, employers with 15 or more employees are required to provide reasonable accommodations for an employee’s known limitations arising from pregnancy,...
President Donald Trump, Vice President JD Vance, and other Republican officials came together for a 2-day convention this week to rally voters in advance of the midterm elections in November. But ...