Pregnant Workers Fairness Act (PFWA)
Going into effect June 27, 2023, the PFWA requires employers with 15 or more employees to provide reasonable accommodations to current and prospective employees with known limitations stemming from pregnancy, childbirth, or related medical conditions. The protections are designed to fill the gaps between the protections that are already available to pregnant workers through ADA and Title VII of the Civil Rights of 1964. Here are some examples that the PFWA may require for pregnant employees:
- Allowing them to have water or food in the workplace;
- Reducing their lifting requirements;
- Providing pregnant workers the ability to sit;
- Allowing them additional breaks to use the bathroom, eat, and rest;
- Excusing them from activities that involve exposure to compounds unsafe for pregnancy; and
- Providing them with appropriately sized uniforms and safety apparel.
DOL Priority Agenda Released
The Department of Labor outlined its priority agenda items for each division as follows:
Wage and Hour Division (WHD)
- A final rule updating the executive, administration, and professional exemptions for the Fair Labor Standards Act (“FLSA”);
- A final rule offering certain employees employed under federal service contracts a right of first refusal of employment when contracts change over to retain skilled workers in the federal services workforce; and
- A final rule that addresses and clarifies distinctions between employees and independent contractors under the FLSA.
Employee Benefits Security Administration (EBSA)
- A final joint rule with the Departments of Treasury and Health and Human Services to implement the MHPAEA and address amendments to the Act from the Consolidated Appropriations Act of 2021;
- A final joint rule with the Departments of Treasury and Health and Human Services to cover certain preventive services under the Affordable Care Act (“ACA”), including a new pathway for individuals to receive free contraceptive services; and
- A proposed rule to reconsider the criteria for a group or association of employers to be eligible to sponsor a multiple-employer group health plan.
Employee and Training Administration (ETA)
- A proposed rule that will ensure that H-2 visa worker programs promote worker voice and other protections.
- A final rule updating the Wagner-Peyser Employer Service regulations to provide support for jobseekers; and
- A proposed rule to establish a National Apprenticeship System.
Occupational Safety and Health Administration (OSHA)
Source: JDSupra, received on February 29, 2024.