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.
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.
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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;
March Madness has many employees participating in the NCAA College basketball brackets, which typically includes monetary betting. Depending on the employers location and design of the activity, office pools are potentially unlawful. Restricting employees from using company computers or other resources for the office pools, and blocking gambling internet sites from company computers are ways an employer can avoid running into problems. Setting up an office pool with nonmonetary prizes and no entry fee could be a fun alternative to a monetary office pool. Having a written policy on workplace gambling and using company resources can help prevent violations of the law. We can help update your Employee Handbook or create a gambling policy. In addition to Non-Compete Agreements(discussed in January’s newsletter), another area of employment that is under careful review is Background screenings for applicants and employees. Reasons include;
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