The new year is right around the corner, and some key changes are looming ahead of us. Here is a quick list of just a few of the things to watch out for.
Pregnant Workers Fairness Act: For all employers who have 15 or more employees, this new federal bill (which was included in the federal omnibus spending bill and which will most likely be signed by President Biden) requires employers to provide accommodations to applicants and employees who have known limitations related to pregnancy, childbirth, and related medical conditions.
The bipartisan Pregnant Workers Fairness Act is closely modeled after the Americans with Disabilities Act (ADA) and will ensure pregnant workers who work for employers with 15 or more employees can receive reasonable accommodations that are often low-cost or no cost, such as additional bathroom breaks, light duty, or a stool to sit on if a worker stands all day, unless it would pose an undue hardship to the employer.
Source: https://www.casey.senate.gov/imo/media/doc/one_pager_pregnant_workers_fairness_act.pdf
The PUMP Act: Also included in the omnibus spending bill just passed by Congress, this amends the Fair Labor Standards Act to specify that if an employee pumping breastmilk during a break is not fully relieved from duty, she should be paid for that time. Here is the language of the new bill.
SEC. 18D. BREASTFEEDING ACCOMMODATIONS IN THE WORKPLACE.
“(a) In General.—An employer shall provide—“(1) a reasonable break time for an employee to express breast milk for such employee’s nursing child for 1 year after the child’s birth each time such employee has need to express the milk; and “(2) a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.
“(b) Compensation.—“(1) IN GENERAL.—Subject to paragraph (2), an employer shall not be required to compensate an employee receiving reasonable break time under subsection (a)(1) for any time spent during the workday for such purpose unless otherwise required by Federal or State law or municipal ordinance. “(2) RELIEF FROM DUTIES.—Break time provided under paragraph (1) shall be considered hours worked if the employee is not completely relieved from duty during the entirety of such break.
“(c) Exemption.—An employer that employs less than 50 employees shall not be subject to the requirements of this section, if such requirements would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.
“(d) Laws Providing Greater Protection.—Nothing in this section shall preempt a State law or municipal ordinance that provides greater protections to employees than the protections provided for under this section.”
If you have operations in New Jersey, New Jersey’s mini-WARN act will be going into effect which lengthens the notification period to 90 days and provides certain severance pay requirements. Here is the mini-WARN and the bill which amended it.
Minimum wages increase in certain states.
If you have operations in these states, pay attention to the increases in minimum wage.
Alaska: $10.85
Colorado: $13.65
Illinois: $13.00
Maryland: $13.25 ($12.80 for small employers)
Michigan: $10.10
Ohio: $10.10 (but you knew that already!)
Rhode Island: $13.00
South Dakota: $10.80
Vermont: $13.18
Washington: $15.74
*Don’t forget that certain cities and localities have even higher minimum wages, such as San Jose, California ($17.00) and Howard County, Maryland ($15.00, $13.25 for small employers).
The minimum wage for federal contractors will increase from $15.00 to $16.20 per hour.
Washington will require pay range in job postings: Washington state will require pay ranges in job postings starting January 1, 2023, similar to Colorado’s and New York City’s requirements.
Kentucky unemployment compensation changes: As of January 1, Kentucky will reduce the maximum benefit amount to an amount between 12 and 24 weeks (depending on the applicable state average unemployment rate), will provide up to 5 additional weeks based upon participation in job training or a certification program, and will require completion of at least 5 work search activities every week, except for those who are enrolled in an approved training or certification program and who are meeting progress requirements. For more information on the change, see this news article.
As always, if you have any questions for us, you can reach out to the hotline! We look forward to connecting with you.
