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  • The U.S Equal Employment Opportunity Commission (EEOC) issued final regulations for implementing the Pregnant Workers Fairness Act (PWFA). PWFA went into effect on June 27, 2023, and requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employer undue hardship.

    The PWFA only applies to accommodations such as temporary suspension of an essential job function if the employee can resume the essential function in the future. Other laws that the EEOC enforces make it illegal to fire or discriminate against employees or applicants on the basis of pregnancy, childbirth, or related medical conditions.

    Qualified Employees

    The EEOC’s regulations aim to clarify the definition and limitations of the PWFA. For example, the law only applies to qualified employees with limitations directly related to pregnancy, childbirth, or related medical conditions. Whether a condition qualifies will be determined based on the existing Title VII precedent.

    The regulations provide examples of possible reasonable accommodations under the PWFA, such as:

    • The ability to sit or drink water
    • Closer parking
    • Flexible work hours
    • Appropriately sized uniforms and safety gear
    • Additional break time for bathroom use, eating, and resting
    • Leave to recover from childbirth
    • Reassignment from strenuous or unsafe activities 

    A recent federal court ruling in Texas found that Congress lacked the required quorum to implement the PWFA, meaning the EEOC cannot enforce the law against the state. The PWFA does not replace any existing federal, state, or local laws that provide greater protections for pregnant or nursing workers.

    Partner With A PEO

    As most small business owners spend their days wearing many hats trying to grow their business, they don’t often have the time to stay on top of every government regulation change. This is where GMS can make all the difference. GMS employs a team of HR experts who closely monitor legislative updates and can provide you with the guidance you need.

    If you are interested in learning more about how GMS can help keep your business stay compliant with the changing government regulations while also lowering your risk management and benefit costs, contact us today! Let us be your trusted partner in navigating the complexities of employment law so that you can spend your time growing your business.

  • In light of recent legislative changes, it’s crucial for employers to update their workplace posters to comply with the new rights provided by the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). To assist with this, the U.S. Department of Labor (DOL) has released two updated posters that outline the additional information related to these laws. These posters serve as a comprehensive resource, explaining employees’ rights under the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA).

    Furthermore, the U.S. Equal Employment Opportunity Commission (EEOC) has also made revisions to its “Know Your Rights: Workplace Discrimination Is Illegal” poster. This updated version includes important details about the PWFA and must be displayed starting June 27th, 2023.

    What You Should Know As A Small Business Owner

    As a small business owner, it’s crucial to stay informed about these changes. In 2010, the federal Affordable Care Act introduced the requirement for pumping breaks, initially applicable only to nonexempt workers under the FLSA. However, the revised FLSA poster now emphasizes that these rights extend to exempt employees as well, meaning salaried workers who are not entitled to overtime. It also clarifies that while FMLA leave is unpaid, an employee may be required to utilize employer-provided paid leave simultaneously.

    Displaying the updated posters from the DOL and EEOC satisfies the notice requirement for employers. It’s essential for covered employers to prominently display these posters in all of their establishments, ensuring employees can easily read and access the information they provide.

    To access the new posters, click here.

    It’s important to note that the PWFA will go into effect on June 27th, 2023, and applies to all employers with a minimum of 15 employees. The PUMP Act, on the other hand, came into effect in December 2022, with changes to remedies taking effect on April 28th, 2023. Some exemptions are granted to small businesses under the PUMP Act.

    Utilize A PEO To Keep You Updated

    To stay updated and ensure compliance with these evolving regulations, consider utilizing a professional employer organization (PEO). PEOs like Group Management Services (GMS) provide valuable assistance in keeping your business informed and in compliance with the latest legal requirements, allowing you to focus on running your operations smoothly.

    Sam Hutchinson, GMS’ HR Account Manager, expressed, “It’s vital that employers stay updated and remain compliant with the constant changes in employment law. The PWFA and PUMP Act are liberating changes that will truly make women feel heard while trying to overcome the challenges that motherhood potentially brings.”

    Stay informed, display the revised posters, and leverage the resources available to you to navigate the changing landscape of workplace regulations. Partner with us today!

  • As a business owner, staying up to date with the latest regulations and laws related to your industry is important. However, with the effective dates of the Providing Urgent Maternal Protections (PUMP) Act Enforcement and the Pregnant Workers Fairness Act (PWFA) quickly approaching, managers must ensure they are well equipped to navigate these new regulations. The PUMP Act and PWFA are significant legislative updates impacting many businesses. They will require company operations to change, and managers need to understand what these changes entail.

    But first, let’s refresh ourselves on what these laws are.

    PUMP Act

    The PUMP Act was passed as part of the federal spending bill by Congress and signed into law by President Biden in December 2022. It ultimately extends workplace lactation protections to the majority of breastfeeding employees throughout the country. It amends the 2010 federal Fair Labor Standards Act (FLSA) law “Break Time for Nursing Mothers” that previously mandated workplace lactation accommodation protections. Employers must provide reasonable break time and a private non-bathroom space to pump for up to one year after a child’s birth. The PUMP Act grants these same protections to exempt and non-exempt employees and includes the right to sue for the following:

    • Lost wages
    • Emotional distress
    • Punitive damages 
    • Attorney feed 

    The PUMP Act goes into effect on April 28th, 2023. 

    Understanding PWFA

    PWFA will require employers to reasonably accommodate workers for known limitations related to pregnancy, childbirth, or related medical conditions. This act applies to all employers with 15 or more employees. Pregnancy discrimination was already prohibited by the Pregnancy Discrimination Act (PDA) of 1978. In addition, the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with certain conditions related to pregnancy that qualify as a disability. However, many other common pregnancy-related conditions are not covered. That’s where PWFA comes into play – it extends protections similar to those provided under the ADA. It now accommodates the known limitations related to a qualified employee’s pregnancy, childbirth, and related medical conditions.

    PWFA takes effect on June 27th, 2023.

    What You And Your Managers Should Understand

    Now it’s time to discuss what your managers should be cognizant of should an employee allege their employer isn’t complying with these laws. With these effective dates approaching rapidly, what can you do to implement these requirements? Here are a few actions you and your managers should consider taking:

    -Review and update policies: Employers should review their lactation accommodations, break times, and paid leave policies to ensure they comply with the new requirements under the PUMP Act and PWFA. In addition, your employee handbooks should be updated to reflect the changes.

    -Provide training: You should train your managers or leaders within your organization on the new laws so they can answer employee questions and ensure compliance.

    -Provide lactation accommodations: You must provide a private space, other than a bathroom, for employees to lactate. This space should be away from all employees and free from possible intrusions. In addition, you must provide reasonable break time for employees who need to breastfeed.

    -Consider flexible work arrangements: Employers should consider offering flexible work arrangements such as a work-from-home option to help employees balance their work and caregiving responsibilities.

    -Review record-keeping procedures: You must maintain records of lactation accommodations and break times provided to employees for three years. Consider reviewing your record-keeping procedures to ensure you comply with the new requirements.

    Seems Like A Lot, Right?

    As the second quarter of 2023 is in full swing, you have many responsibilities on your plate. We get it. The last thing you need right now is to get fined for not complying with yet another law. However, your employees are your greatest asset, and you must ensure they have a safe and welcoming environment. Have you considered partnering with a professional employer organization (PEO) to help you implement these changes? If you partner with a PEO such as Group Management Services (GMS), you gain access to HR experts that know the ins and outs of the PUMP Act and PWFA. We’re here every step of the way to ensure your business is compliant. Whether we need to update your employee handbook, create and implement policies and procedures, or provide you and your managers with training so you can better understand what these laws mean, we’ve got you covered. Contact us today so we can set you on the path to success.

  • Along with the federal omnibus spending bill President Biden signed into law the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). Both of these laws expand federal protections for pregnant and nursing workers. The PUMP for Nursing Mothers Act was signed into law on December 29th, 2022. This stemmed from the landmark legislation, The Break Time for Nursing Mothers law, which passed in 2010. It required employers to provide reasonable break time and a private, non-bathroom space for breastfeeding employees to pump during the workday. This was the first step in helping nursing mothers. However, improvements still needed to be made, as one in four women was not covered by the Break Time Law.

    Understanding The PUMP Act

    The Pump Act made the following changes to the Break Time Law:

    • Provides the right to break time and space to pump breast milk at work to millions of other workers, including teachers and nurses
    • Makes it possible for workers to file a lawsuit to seek monetary remedies if their employer fails to comply
    • Clarifies that pumping time must be paid if an employee is not completely relieved from duty

    This legislation was enacted immediately after it was signed on December 29th, 2022. However, the enforced provision included a 120-day delay, making the effective date for that provision April 28th, 2023. There’s also a three-year delay in implementing the protections for railway workers. This act is the first standalone breastfeeding bill to receive a recorded vote on the House and Senate levels.

    Your Responsibilities As A Business Owner

    The new law entails quite a few changes that all business owners should be aware of. This act covers all employees, not just non-exempt workers. Your exempt employees should be paid their full weekly salary required by federal, state, and local law, regardless of if they take a break to breastfeed. Employees must provide notice of an alleged violation to the employer and give the employer a 10-day cure period before filing a claim. Employers with fewer than 50 employees can rely on the small employer exemption if compliance with the law would cause undue hardship because of significant difficulty or expense.

    Partner With GMS To Stay Compliant

    Complying with the ever-changing rules and regulations of your business is challenging. At GMS, we understand. That’s why our business model helps small business owners by taking on the administrative burdens you don’t have the time to manage. The most crucial step in complying with all laws and regulations is educating yourself and your employees. When you partner with GMS, you gain access to our learning management system (LMS), where you can create or participate in various courses. Whether your soon-to-be mothers need a refresher on their rights when they have a child or a new law needs to be enforced within your business, an LMS gives you access to resources to help you implement them. Contact us today to learn more.