On April 19, 2024, the EEOC unveiled its final rule implementing the Pregnant Workers Fairness Act (PWFA). This regulation goes into effect June 18, 2024. This final rule requires covered employers to provide reasonable accommodations to qualified employees for known limitations related to pregnancy, childbirth, or related medical conditions.
Continue Reading EEOC Unveils its Final Rule Implementing the Pregnant Workers Fairness Act
Effective September 1, 2023, Texas employers of any size are required to “post a notice to employees of the contact information for reporting instances of workplace violence or suspicious activity to the Department of Public Safety.” On its website, the Texas Workforce Commission (“TWC”) has posted a notice to employers that compliance is expected beginning on January 8, 2024, and provided a poster to be posted in English and Spanish in a conspicuous place convenient to all employees to comply with this new requirement.
This requirement followed the enactment of Senate Bill 240, which requires healthcare facilities to adopt a workplace violence prevention plan, as described below.Continue Reading Legal Updates for Texas Employers in 2024
On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published proposed regulations in the Federal Register for implementing the PWFA. The EEOC has invited the public to comment on the proposed regulations during a comment period that will close on October 10, 2023. While the regulations are proposed, PWFA has been in full effect since June 27, 2023.Continue Reading EEOC’s Notice of Proposed Rulemaking to Implement the Pregnant Workers Fairness Act (PWFA)
On July 17, 2023, the California Supreme Court issued an opinion in Erik Adolph v. Uber Technologies, Inc., settling the issue of whether a Plaintiff’s non-individual PAGA claims must be dismissed if the Plaintiff’s individual PAGA claims are compelled to arbitration.Continue Reading The California Supreme Court Rules on PAGA Standing
The Illinois general assembly kicked off 2023 off by passing the Paid Leave for All Workers Act (the “Act”). Governor Pritzker is expected to sign the bill later this year. Once signed, the Act will go into effect on January 1, 2024, and will make most Illinois private-sector employees eligible for up to 40 hours of paid time off per year.Continue Reading Illinois Mandates “Any Purpose” Paid Leave for Most Employees Starting in 2024
In 2019 California enacted Assembly Bill 51 (AB51) that would impose criminal sanctions on employers who required employees to sign arbitration agreements as a condition of employment. From there, this highly controversial law has followed a circuitous route.Continue Reading A Win for California Employers: Employers Can Require Their Employees to Sign Arbitration Agreements as a Condition of Employment
Where previous protections offered by the Americans with Disabilities Act, the Fair Labor Standards Act, and the Pregnancy Discrimination Act of 1978 fell short, employees were left to make hard choices between quitting their jobs or working in a position that did not fully accommodate their medical needs while pregnant or after giving birth. Although some state laws fill those needs, many states do not provide any protection. During 2022, two important protections were signed into law by President Joe Biden: the Pregnant Workers Fairness Act, and the Providing Urgent Maternal Protections for Nursing Mothers Act. The new protections put in place by these acts ensure that pregnant employees will not suffer because of their pregnancy, but instead be provided the proper and necessary time off and accommodations after giving birth.Continue Reading New Federal Protections for Pregnant Workers
On October 20, 2022, the Equal Employment Opportunity Commission (EEOC) unveiled a new version of the “Know Your Rights: Workplace Discrimination is Illegal” poster which updates and replaces the previous “EEO is the Law” poster. This poster also supersedes an October 19, 2022, version of the “Know Your Rights” poster.
Covered employers are required to…
On June 9, 2022, the Austin City Council unanimously voted to pass what is known as a CROWN Act, a law prohibiting discrimination based on a person’s hair texture or hairstyle. CROWN stands for “Creating a Respectful and Open World for Natural Hair.” Consequently, the Austin City Code will be revised to prohibit discrimination based on protective hairstyle in housing, public accommodations, and employment. Protective hairstyles are those necessitated by, or resulting from, the characteristics of a hair texture or hairstyle commonly associated with race, national origin, ethnicity, or culture, and include but are not limited to afros, Bantu knots, braids, cornrows, curls, locs, twists, or hair that is tightly coiled or tightly curled.
Continue Reading Austin City Council Passes First CROWN Act Applicable to Private Employers in Texas
Employees who refuse to take the COVID-19 vaccine for religious reasons are protected by Title VII. Therefore, religious accommodations for the COVID-19 vaccine should be treated like any other religion-based accommodation request. Employers should continue to provide employees with a clear and accessible process for requesting an accommodation and should continue to analyze requested accommodations on a case-by-case basis and offer accommodations when required pursuant to the law and its policies. Importantly, employees requesting such an accommodation need not use any specific phrase, or “magical words,” in order to trigger an employer’s obligations. Employers should keep in mind that all sincerely held religious beliefs may give rise to an accommodation obligation, not only “mainstream” or commonly-known religions.
Continue Reading Granting Religious Accommodations for COVID-19: What Employers Need to Know
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