Welcome to the Legislative Update Series. We’ll be discussing some new laws and policies that could impact businesses and their employees. What do these new laws mean, and how can employers stay within the parameters to maintain compliance? Here’s a look at the topics we will be discussing.

• Supreme Court HR Updates
• Competing with Noncompete
• Protecting Expectant and New Mothers
• Looking into the Future: 2024 and Beyond

Mothers of Today and Tomorrow

In the recent legislative update of June, two significant programs, namely the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP Act), were implemented. These initiatives aim to offer reasonable accommodations to employees who are pregnant or have recently given birth and require time and facilities to pump breast milk.

In a quick glance the PWFA, addresses the rights and protections afforded to expectant mothers.

• More frequent breaks 
• Availability of drinking water 
• The ability to sit and rest  
• Being excused from doing anything strenuous 
• The employer has the understanding there could be complications and possible frequent doctor visits by the employee 

These accommodations should be discussed between the employee and their employer, ensuring that appropriate measures are implemented. Nevertheless, it instills in the employees a genuine belief that the company values them. Therefore, fostering an increased employee retention and trust. 

The PUMP Act enhances the privileges of breastfeeding employees as outlined in the Fair Labor Standards Act (FLSA). So, what does this mean for employers? 

• A clean space that is suitable for expression and not a bathroom 
• Private area that is free from intrusion (able to be locked) 
• A place that is shielded from onlookers 
• Is readily available 
• Reasonable break times 

The PUMP Act covers these workers for up to one year after birth.

Competing With NON-Competes

The FTC (Federal Trade Commission) continues to push for the ban of all non-competes with the reservation that if a business is acquired, the previous owners or major holders are prohibited from starting a similar business. Other federal agencies and a few states have been jumping on the wagon to ban the non-competes. What does this mean for the future of companies? It does not restrict their employees from improving their careers. For instance, if an employee believes they have reached the pinnacle of their role within a company and there are no further opportunities for advancement, they can leverage their expertise by transitioning to a company with greater growth potential without the concern of detrimental impact on their career trajectory. To retain their dedicated workforce, employers should consider abolishing or revising non-compete agreements. We will vigilantly monitor any updates, with the next voting scheduled for April 2024.

On May 30th, the NLRB (National Labor Relations Board) and Jennifer Abruzzo of The General Council chimed in on their views of non-competes by sending out a memo to their satellite offices across the country, expressing that non-competes are illegal. With such a powerful statement, we are waiting to observe the extent of its influence on non-compete conversations.

EEOC (Equal Employment Opportunity Commission) Push Back 

Employers with over 100 employees and most federal contractors with 50 or more employees must now file an EEO-1. Usually, this takes place in the spring but has since been moved to the fall. This gives HR departments additional time to document all the information requested on the form. The form specifically requests a headcount of employees’ gender, race, ethnicity, and current positions within the company.

Every three years, the EEOC renews and tweaks the EEO-1 to keep up with the times. Unlike the previous delays because of COVID, this rescheduling is due to the OMB Office of Management and Budget under the PRA Paperwork Reduction Act. They are attempting to streamline the process and save a few trees simultaneously.

Paul Carelis, SHRM-CP, PHR – VP of HR Services, MP

Paul has over a decade of experience in the HR consulting space, working with businesses of all sizes and industries. Paul leads a team of SHRM-certified HR professionals at MP. Together, they assist clients with compliance, training, and HR guidance, and support for the full employee life cycle. 

MP Compliance Resources

MP’s certified HR experts streamline HR and ensure you are always in compliance. Our HR specialists carefully monitor federal and state legislative and regulatory measures affecting employment-related human resources, payroll, tax, benefits administration, and help ensure that MP clients are updated as relevant laws evolve. For the latest on how federal and state tax law changes may impact your business, talk with an HR expert today!