January 4, 2023

In A Big Win for Pregnant Workers, Senate Passes PWFA and PUMP

With bipartisan support, the United States Senate passed the Pregnant Workers Fairness Act and the PUMP for Nursing Mothers Act in December, both amendments to the federal omnibus budget. The amendments passed the House of Representatives in August, but languished in the Senate for months. Finally, with the lame duck session coming to a close the Senate voted 73-24 in favor of the PWFA and 92-5 for PUMP.

The PFWA solidifies reasonable accommodations for pregnant workers in a bid to counter employers’ common practices of firing or placing on unpaid leave such workers. Specific accommodations might include bathroom breaks, restricting how much weight a pregnant worker is required to lift or being able to sit while working a cash register.

The PUMP for Nursing Mothers Act, meanwhile, provides new provisions to allow breastfeeding mothers break time to pump, something many workers, especially hourly ones, are restricted from doing. This comes on the heels of a massive baby formula shortage in the US, which might rear its head again in 2023.

These amendments are the result of more than a decade of struggle and lobbying to improve the rights of pregnant workers.

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Remote Work May Impact Career Advancement

August 18, 2021
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There are few silver linings to be found in the last 20 months. But one bright spot has been the expansion of remote work as an option. The flexibility remote work offers is also a boon to companies competing for workers. However, as companies expand their work-from-home policies, they need to be mindful of how it can affect office culture and promotions.

Alex Berke Quoted in Law 360 Piece on the Cuomo Sexual Misconduct Fallout

August 4, 2021
Sexual Harassment
Alex Berke quoted in Law360 Article, “Cuomo Sexual Misconduct Report A Road Map For Lawsuits.”

31st Anniversary of ADA Has Special Significance This Year

July 29, 2021
Disability Discrimination
Thirty-one years ago this week, then-president George H.W. Bush passed the Americans with Disabilities Act (ADA) into law. It was a milestone in Federal law with wide ranging implications throughout US society, and, because of its extension of civil rights workplace protections to those with disabilities, special impact on our own practice in employment law.

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