The U.S. Equal Opportunity Commission has issued its final regulations for the Pregnant Workers Fairness Act (“PWFA”), providing guidance for employers on implementing the PWFA in their workplaces and understanding how the law will be enforced. The new rules will take effect on June 18, 2024, although the PWFA itself has been in effect since June 27, 2023.… Continue Reading
Texas Federal Judge Enjoins Protections for Pregnant Workers
On Tuesday, February 27, 2024, a federal judge enjoined the enforcement of the Pregnant Workers Fairness Act (“PWFA”) against the state of Texas. Judge James Wesley Hendrix determined that a proxy voting rule in place during the COVID-19 pandemic violated the Quorum Clause of the United States Constitution. The rule allowed members of the House of Representatives to vote by proxy during the pandemic, meaning a member could vote by delegated proxy without being physically present.… Continue Reading
DOL Issues Guidance For Field Staff on PUMP Act Requirements
The United States Department of Labor (DOL) recently issued a Field Assistance Bulletin (found here) providing guidance to field staff regarding the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). We previously summarized the requirements of the PUMP Act in our alert here.
The Field Assistance Bulletin provides detailed guidance on the PUMP Act and includes information and examples as to what employers must do to comply with the new law.… Continue Reading
January 1 Compliance Deadline Passes for Colorado’s FAMLI Program
As of January 1, 2023, all Colorado employers are required to post or otherwise provide employees with the state-issued FAMLI Program notice (available in English and Spanish) and also begin deducting employees’ shares of FAMLI Program premiums from employee paychecks, where applicable.
Under the FAMLI Program, eligible employees may receive up to up to $1,100 in weekly FAMLI Program benefits for eligible leave starting in 2024, and up to 90 percent of the state average weekly wage rate for eligible leave taken thereafter.… Continue Reading
Pregnant and Nursing Workers Benefit from Expanded Employment Protections
On December 29, 2022, as part of the Fiscal Year 2023 Omnibus Spending Bill, President Biden signed into law two pieces of legislation that will benefit pregnancy and nursing mothers – the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act). … Continue Reading
Webinar Recording: End of Roe – What it Means for Employers and Employee Benefit Plans
Recently, Ballard Spahr attorneys spoke about the overturning of Roe v. Wade and the impact on employee benefit plans and other issues important to employers. The webinar addressed measures that employers can consider and implement in response to these developments and the legal and practical issues they present.
Below you’ll find a link to a recording of the webinar and presentation slides.… Continue Reading
Seventh Circuit Upholds Walmart Pregnancy Accommodation Win Over EEOC
The United States Court of Appeals for the Seventh Circuit has rejected the Equal Employment Opportunity Commission’s appeal seeking to overturn the trial court’s decision that Walmart did not violate the Pregnancy Discrimination Act when it accommodated all workers injured on the job, but denied all pregnant women a similar accommodation.… Continue Reading
Mandatory Flu Vaccination Policy Does Not Give Rise To Pregnancy Discrimination Act Claim
In a decision with potential implications for employers who are considering implementing a mandatory COVID-19 vaccine policy, a federal court in New York found that a hospital employee who was terminated in December 2017, for not complying with her employer’s mandatory flu vaccine policy, failed to adequately support her claim for pregnancy discrimination. … Continue Reading