The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act) were enacted through the Consolidated Appropriations Act of 2023. Together, these two Acts establish enhanced protections for childrearing employees and impose additional obligations on employers.
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New Federal Laws Enacted Through Consolidated Appropriations Act of 2023 Strengthen Workplace Protections for Pregnant and Nursing Employees Posted on: January 26, 2023 In: Labor & Employment
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The New Mexico Healthy Workplaces Act: An Overview Posted on: January 19, 2023 In: Labor & Employment
Under the New Mexico Healthy Workplaces Act (NM HWA), which went into effect on July 1, 2022, employers in New Mexico are now required to provide paid sick leave to all employees, whether full-time, part-time, seasonal, or temporary, hourly and salaried (exempt or non-exempt), at the employee’s usual hourly rate. This post provides an overview of this Act.
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Third Circuit Narrows Ellerth-Faragher Affirmative Defense in Hostile Work Environment Cases Posted on: January 18, 2023 In: Labor & Employment
The Third Circuit Court of Appeals, in O’Brien v. The Middle East Forum, et al., No. 2102646 (3d Cir. Jan. 5, 2023), narrowed the Ellerth-Faragher affirmative defense in hostile work environment cases. The Third Circuit held that an employer cannot raise this affirmative defense if the harasser functions as the employer’s “proxy” or “alter ego.” Instead, an employer is strictly liable for harassment perpetrated by its proxy or alter ego.
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City of Gainesville Becomes First Florida City to Pass Ordinance Limiting Private Employers’ Use of Criminal Histories in Hiring, Employment Posted on: January 11, 2023 In: Labor & Employment
On December 22, 2022, the City of Gainesville, Florida passed the Fair Chance Hiring Ordinance (Ordinance No. 2022-617). The ordinance prohibits employers with 15 or more employees from asking any questions regarding an applicant’s criminal history in the application process.
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Federal Trade Commission Cracks Down on Non-Compete Agreements Posted on: January 06, 2023 In: Labor & Employment
In three separate actions and with a recent proposed rulemaking, the Federal Trade Commission (FTC) challenged the use and enforceability of non-compete agreements (NCAs). First, the FTC took action against three separate companies with regard to their use of NCAs. Generally, the FTC complained that the NCAs used were overly broad, applied to lower wage and unskilled workers, and were used in concentrated markets.
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New York Employers May Not Penalize Employees for Lawful Absences Posted on: January 04, 2023 In: Labor & Employment
As is seemingly customary at this point, New York employers cannot ease into the New Year and must instead revisit their employee handbooks due to a recent amendment to the New York Labor Law that takes effect February 19, 2023. The Lawful Absence Law amends Section 215 of the Labor Law to bar employers from disciplining employees who take legally protected time off from work.
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