On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023. The PWFA supplements existing federal anti-discrimination law by requiring covered employers to provide reasonable accommodations to qualified employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions absent an undue hardship on the employer. The final regulation will go into effect on June 18, 2024.
This rule provides additional protection for nearly 2.8 million pregnant workers each year, especially Black women and other women of color who are more likely to work during their pregnancy and live in states without pregnancy accommodation laws.
The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child’s birth each time such employee needs to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.
Employers should review their handbooks and other policies to ensure that they are updated to comply with these changes. In addition, employers should educate their supervisors and managers about the changes in the law to help avoid inadvertent missteps in the future.
Matthew Burr has over 15-years of experience working in the human resources field, starting his career as an Industrial Relations Intern at Kennedy Valve Manufacturing to most recently founding and managing a human resource consulting company; Burr Consulting, LLC, Talentscape, LLC and Co-Owner of Labor Love, a Labor and Employment Law poster printing company. Prior to founding the consulting firm, the majority of his career was spent in manufacturing and healthcare. He specializes in labor and employment law, conflict resolution, performance management, labor, and employment relations. Matthew has a generalist background in HR and provides strategic HR services to his clients, focusing on small and medium sized organizations.
In July 2017, Matthew started as an Associate Professor of Business Administration at Elmira College and was promoted into the Continuing Education & Business Administration Department Liaison role in July 2018. He teaches both undergraduate and graduate level business courses at Elmira College, and successfully designed an HR Concentration in the business management major that is aligned with both SHRM and HRCI certifications. Matthew is also the SHRM Certification Exam Instructor, with a current pass rate of 89% on the SHRM-SCP and 100% pass rate on the SHRM-CP.
Matthew works as a trainer Tompkins Cortland Community College, Corning Community College, Broome Community College, Penn State University and HR Instructor for Certification Preparation for the Human Resource Certification Institute (HRCI). He also acts as an On-Call Mediator and Factfinder through the Public Employment Relations Board in New York State, working with public sector employers and labor unions.
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