#WorkforceWednesday: FTC Proposes Ban on Non-Competes, NY Expands Breastfeeding Protections, and CA Releases Guidance on Pay Transparency - Employment Law This Week®
DE Under 3: 2022 End-of-Year Regulatory Recap
DE Under 3: EEOC & DOJ Technical Guidance for Employer’s AI Use; Upcoming EEOC Hearing; Event for Mental Health in the Workplace
Top Three Pregnancy Pitfalls for Employers
Employment Law Now: III-47 - New York, New World
Employment Law This Week®: DOL’s Association Health Plan Proposal, NJLAD Includes Nursing Mothers, New Unpaid Intern Test, HHS’s Conscience-Based Protections
Corporate Law Report: Cybersecurity, CEO Social Media, New Workplace Laws, Healthcare Reform in 2013
The validity of the Pregnant Workers Fairness Act (“PWFA”) is being questioned less than one year after it went into effect. On February 27, 2024, a federal judge for the U.S. District Court for the Northern District of Texas...more
This past year has brought with it expanded employment protections for new and expectant working mothers. These protections, in the form of two federal laws, alter the landscape for how employers can consider the needs of...more
In recent years, the United States has faced an epidemic of maternal mortality and worsening maternal health disparities and ranks well beyond its industrialized peers on these metrics. In response, many employers have taken...more
Since 1978, Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act, has prohibited discrimination on the basis of pregnancy, childbirth and related medical conditions. However, for 45 years, the...more
On June 27, 2023, the Pregnant Workers Fairness Act (“PWFA”) went into effect. This new law requires covered employers to provide “reasonable accommodations” for the known limitations of a worker relating to pregnancy,...more
Recent amendments to Title VII and the Fair Labor Standards Act (FLSA) impact how employers address pregnant and breastfeeding employees’ needs. Employers should reset their approaches to navigate the newly expanded...more
I am pumped! Are you? Last week, the U.S. Department of Labor issued a Field Assistance Bulletin to its staff on how to enforce the PUMP for Nursing Mothers Act, which was signed into law at the end of 2022 and is currently...more
You may recall that the Pregnant Works Fairness Act (PWFA) is modeled after the Americans with Disabilities Act and we blogged about the coming changes here. Given that the effective date is June 27, we’re back with an update...more
Congress recently passed two pregnancy-related acts, the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act and the Pregnant Workers Fairness Act (PWFA), both of which create new legal rights and remedies...more
In 2022, there were some impactful, but relatively quiet developments in federal employment law. These developments affect confidentiality, non-disparagement, and arbitration agreements, and create protections for pregnant...more
On December 29, 2022, President Biden signed into law the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), expanding federal protections for both pregnant...more
In the recent $1.7 trillion Omnibus Spending Bill passed by Congress and signed into law by President Biden, two measures were included aimed at providing additional workplace protections for pregnant employees. The...more
On December 29, 2022, President Joe Biden signed the Fiscal Year 2023 Omnibus Spending Bill into law. The omnibus bill contains two expansions of employment rights for pregnant and nursing employees of which covered employers...more
Late last week, Congress passed two bills – the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) – to provide additional workplace protections for pregnant...more
According to the U.S. Department of Labor, nearly half of U.S. workers are women. Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in all aspects of employment, was enacted over 50 years ago, but...more
On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more
Employer-friendly revisions to attract new businesses and facilitate operations for existing enterprises signals a new era of labor flexibility in Puerto Rico. On January 26, 2017, weeks after being sworn in as the...more
California Supreme Court to Consider "Day of Rest" Law: Why it matters - The California Supreme Court has agreed to weigh in on the number of consecutive days an employee may legally work without running afoul of...more
The recent pregnancy accommodation Guidance from the Equal Employment Opportunity Commission ("EEOC") makes it clear that discrimination against a female employee who is lactating or breastfeeding is illegal, in violation of...more
In EEOC v. Houston Funding II, Ltd., the Fifth Circuit issued a landmark decision finding that terminating a female employee because she is lactating or expressing milk is unlawful sex discrimination under Title VII of the...more
Recently, the Fifth Circuit held that discharging a female employee because she is lactating or expressing breast milk constitutes sex discrimination in violation of Title VII....more
Last year the United States Equal Employment Opportunity Commission published its strategic enforcement plan in which the agency identified its priorities for the years 2013 to 2016. ...more
New case law and statutory changes increase litigation and liability risk for employers that fail to comply with both federal and state lactation break laws....more
Court of Appeals Ruling Overturns District Court's Finding, Permits EEOC's Sex Discrimination Lawsuit Against Houston Funding II LLC to Go Forward - HOUSTON--Overturning a federal trial court's decision from the...more