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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The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
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Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

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