Compliance Stuff

[co-author: Leah Shepherd] March is Women’s History Month, lending itself to a review of the lessons learned over the last three years since enactment of the Pregnant Workers Fairness Act (PWFA). While the guidance from the U.S. Equal Employment Opportunity Commission (EEOC) provides some insight, employers regularly face accommodation requests falling within areas of lingering ambiguity . There are, however, some recent enforcement actions that may provide some clarity for navigating unchartered waters. Quick Hits The PWFA mandates that covered employers provide reasonable accommodations for pregnancy, childbirth, and related medical conditions. Since the PWFA went into effect, the EEOC has initiated several lawsuits alleging violations, focusing on failure to accommodate, unlawful termination, and forced leave for pregnancy-related conditions . Most have resulted in settlements, while others remain pending. The EEOC received 2,729 charges of discrimination alleging violation of the P...

The Governor of Main, Janet Mills, vetoed the legislation (Bill LD 1496 that would have restricted the context in which employers in the state of Maine could use and enforce Non-Compete Agreements.   Under the current law, Maine employers may use non-competition agreements to protect trade secrets, confidential information (which does not qualify as a trade secret), and employer goodwill. Employers must disclose the agreements before an offer of employment and give employees at least three business days before requiring that an agreement be signed. Additionally, employees making at or below 400 percent of the federal poverty level (currently, $60,240 a year) cannot enter into non-competition agreements. Civil penalties accompany violations of income level and disclosure requirements. The amendments of 2023 added a prohibition on non-competition agreements for veterinarians unless the veterinarian has an ownership interest in the facility. If it became law, LD 1496 would have left m...