The Citizenship and Immigration Services (USCIS) announced the release of a new I-9 form that employers must begin using by October 31, 2023, or be subject to penalties.  The new I-9 form helps address remote employment by providing alternative document examination procedures, as well as including a checkbox to indicate when an employee’s documentation was examined using procedures provided by the Department of Homeland Security. Other updates to the I-9 form are intended to make the process easier for employers to use. The new I-9 form is scheduled to be released in August.
 
As a reminder, temporary flexibilities that were approved during COVID-19 for the I-9 form end on July 31, 2023. For employees whose documents were inspected remotely during the temporary flexibilities, employers must complete in-person physical document inspections by August 30, 2023.  

Employers with at least 15 employees need to be prepared for the upcoming Pregnant Workers Fairness Act (PWFA) that is effective June 27, 2023. The PWFA requires covered employers to provide “reasonable accommodations” to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship”.   This act is similar to the American Disabilities Act (ADA), but focuses on employees that have pregnancy, childbirth or other related conditions.  The PWFA applies only to accommodations and not discrimination or termination as other existing laws the EEOC enforces are responsible.
You can contact us at llocke@humanresourcesolutions for the latest Labor Poster.

The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) was signed into law on December 29, 2022. Under the Fair Labor Standards Act (FLSA), most nursing employees have the right to reasonable break time and a place, other than a bathroom, that is shielded from view to express breast milk while at work. 
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Most employees have the right to take reasonable break time to express breast milk for their nursing child for up to one year after the child’s birth.  An employer may not deny a covered employee a needed break to pump.  The frequency and duration of breaks needed to express milk will likely vary depending on factors related to the nursing employee and the child.
Factors such as the location of the space and the steps reasonably necessary to express breast milk, such as pump setup, can also affect the duration of time an employee will need to express milk.  Under the FLSA, a bathroom, even if private, is not a permissible location for the employer to provide for pumping breast milk.

Since most employees are covered under the Fair Labor Standards Act (FLSA), the PUMP Act guidelines would apply.  A few exceptions are made for small businesses.

The EEOC recently released Fiscal Year 2022 data on workplace discrimination charges and the number received by the EEOC increased by 19% over Fiscal Year 2021. The types of charges include discrimination on the basis of sex, retaliation, disability, race, national origin, age, religion and disability accommodation, in order of number of types of charges.  Every year, these most frequently identified issues have been the same – they include harassment, hiring, reasonable accommodations for disabilities, and discharge.  Texas has been listed in the top three states with the most charges filed since 2016.
 
Ways business owners can help assist employees and reduce workplace dissatisfaction include;

• Post all required Labor Law posters
• Train all managers on Labor Law, as well as policies
• Distribute an Employee Handbook to all employees and require a signed Acknowledgement confirming employees have received and read the Employee Handbook
• Listen to employee requests and complaints and always follow-up with employee with next steps or a decision

For any guidance on the above items, we will be glad to be a resource to you.