Federal and New York State Guidance Issued on Rights of Nursing Employees

Employers may recall that at the close of 2022, a flurry of federal and state legislation concerning the rights of nursing employees was enacted. This legislation included the federal PUMP Act, which expanded nursing employees’ access to break time and space to express breast milk under the Fair Labor Standards Act, and an amendment to the New York State Labor Law, which expanded accommodations and protections for nursing employees. The US Department of Labor and NYS Department of Labor both released guidance further clarifying the impact of the new laws.

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Mandatory Federal Posters Updates

The U.S. Department of Labor’s Wage and Hour Division has issued two revised mandatory posters relating to the Fair Labor Standards Act (“FLSA”) and the Family and Medical Leave Act (“FMLA”). Employers are required to keep these notices posted in a conspicuous place in the workplace where they can be readily seen by employees and applicants.

 

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EEOC Updates COVID-19 Guidance

With the end of the COVID-19 Public Health Emergency declaration, the EEOC updated its technical assistance questions and answers on COVID-19, the ADA, the Rehabilitation Act, and other EEO laws. As we reported in prior alerts , the EEOC has updated this guidance numerous times throughout the pandemic to serve as a resource for employers and workers on a wide range of COVID-19 related-issues arising under federal EEO laws in the ever-changing landscape of the pandemic.

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Kate TownleyEEOC
Mayor Adams Signs Ordinance Prohibiting Discrimination Based on Height & Weight

We previously reported that the New York City Council approved an ordinance that would amend the New York City Human Rights Law (“NYCHRL”) to prohibit discrimination against individuals based on their actual or perceived height and weight. On May 26, 2023, Mayor Eric Adams signed the ordinance into law.

As the ordinance takes effect 180 days after it becomes law, the ordinance and its protections will take effect on November 22, 2023. If you have any questions about the ordinance or your equal employment opportunity policy, please contact Caroline Secola at csecola@fglawlllc.com, or any attorney at the firm.

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Caroline Secola