Workforce Bulletin

On April 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC or the “Commission”) published its final rule (“Final Rule”) and interpretive guidance to implement the  Pregnant Workers Fairness Act (PWFA). The Final Rule will take effect on June 18, 2024.

Although the PWFA borrows language and concepts that employers are already familiar with from existing federal protections, the Commission’s proposed rule to implement the PWFA (“Proposed Rule”), issued in August 2023, emphasized that the PWFA’s protections are broader and intended to cover ...

[Update: On April 25, 2024, Maryland Governor Wes Moore signed this bill into law.]

Maryland is poised to join the growing list of jurisdictions that have enacted pay transparency requirements for job postings, which includes jurisdictions such as California, Colorado, Hawaii, Illinois, New York, Washington State, and Washington D.C. House Bill 649 was passed by the General Assembly earlier this month, and if signed by the Governor, will take effect on October 1, 2024.

Maryland’s Current Pay Transparency Law

Maryland’s current wage history and wage range law that went into ...

Workday breaks can go a long way to reduce employees’ stress and fatigue on the job while also improving overall job satisfaction and productivity. It important for New York State employers and employees to familiarize themselves with the legal requirements of workplace breaks. This tip offers an overview of New York State workplace meal and rest period laws and provides guidance on how to remain in compliance.

Meal Periods

Meal Period Requirements

Generally, New York law requires employers to provide a meal break. Section 162 of the New York State Labor Law establishes the ...

With the new year comes raises in minimum wages, yet again.  As reflected in the charts below, in 2024, minimum wage and, in applicable jurisdictions, tipped minimum wage will increase in 23 states and in a number of counties and cities.

Accordingly, employers with minimum wage workers (or tipped minimum wage workers) should consult with counsel to ensure that their compensation practices are compliant with the laws in all of the jurisdictions in which they operate.

On October 11, 2023, the Fifth Circuit issued the first decision applying its broadened standard for Title VII claims in Narayanann v. Midwestern State University. The unanimous three judge panel ruled that a Malaysian professor could pursue his race-based case against a Texas university when his request to teach summer courses was rejected. 

Under the Fifth Circuit’s new standard, a plaintiff’s Title VII claim can survive a motion to dismiss by pleading adverse actions with respect to the “terms, conditions, or privileges of employment” without showing that their ...

On November 17, 2023, New York Governor Kathy Hochul signed Senate Bill 3255 (the “Act”) into law. The Act amends Section 297-5 of the New York Executive Law (“Section 297-5”) by extending the statute of limitations for filing unlawful discrimination complaints with the New York State Division of Human Rights (the “Division”) from one to three years. According to the Act’s Sponsor Memo, the Legislature recognized that the prior time frame for victims of unlawful discriminatory practices to file administrative complaints with the Division was insufficient ...

The Equal Employment Opportunity Commission (EEOC) recently proposed regulations (the “Proposed Rule”) to implement the Pregnant Workers Fairness Act (PWFA), which requires employers to provide reasonable accommodations for additional conditions relating to pregnancy, childbirth, and related medical conditions. Issued on August 11, 2023, the Proposed Rule is currently open for public comment, and has, as of this writing, already received more  than 40,440 public submissions responding to the EEOC’s proposal. Many remarks address the fact that the EEOC included ...

On September 13, 2023, the United States Department of Labor’s (DOL) Wage and Hour Division (WHD) and the U.S. Equal Employment Opportunity Commission (EEOC) entered a Memorandum of Understanding (MOU) to work together to enforce federal laws and regulations that advance equal employment opportunity and fair pay. The MOU outlines procedures for the agencies to increase their coordination in information sharing, joint investigations, trainings, and outreach efforts.

I. Information Sharing

The MOU allows the agencies to consolidate and share information on issues ...

As a result of a recent Fifth Circuit decision, some employers in Texas will now face a tougher hurdle when defending against Title VII disparate treatment discrimination claims in federal court. The United States Court of Appeals for the Fifth Circuit recently held that in order to establish an actionable claim for disparate treatment discrimination under Title VII, plaintiffs need not plead an “ultimate employment decision” related to hiring, granting leave, terminations, promotions, or pay. In a significant departure from decades-old precedent, the Fifth Circuit held ...

The U.S. Department of Labor (DOL) recently published new resources regarding the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). As we previously explained in detail, the PUMP Act amended the Fair Labor Standards Act (FLSA) to mandate that, unless an employer is specifically exempted under the law, the employer must provide reasonable break time to allow an employee to express breast milk, and must permit the employee to do so in a reasonably private location other than a bathroom.

The U.S. Equal Employment Opportunity Commission (EEOC) recently published updated guidance titled, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act” (the Guidance), explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees with hearing disabilities.  The Guidance provides several new and updated examples regarding medical information employers may request and use, and reasonable accommodations for hearing disabilities that reflect technological and medical advancements since the EEOC issued its initial guidance in 2014.