Resources

Sign-Up Here for emails from Revard164 Consulting that will share employment law updates, new developments in HR best practices and more!

Latest Employment Law updates:

Pregnant Workers Fairness Act (PWFA):

Final regulation issued by EEOC went into effect June 18, 2024.

PWFA requires employers to provide a reasonable accommodation to qualified employee’s or applicants known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. PWFA is intended to cover all types of limitations, including those that are minor and those that are needed to maintain the employee’s health or the health of the pregnancy. 

The statute does not require that pregnancy, childbirth, or related medical conditions be the sole, the original, or a substantial reason for the physical or mental condition. 

Under the PWFA, employees need not work for an employer for any specific period of time in order to be covered by the PWFA.

PWFA prohibits employers from:

• Failing to make a reasonable accommodation for known limitations of an applicant or employee, unless the accommodation would result in an undue hardship
• Employers cannot require an employee to accept an accommodation other than a reasonable accommodation arrived at through the interactive process
• Employers cannot deny a job or other employment opportunities to a qualified employee or applicant based on their need for a reasonable accommodation
• Employer cannot require an employee to take leave IF another reasonable accommodation can be provided that would allow the employee to keep working
• Employer cannot punish or retaliate against an employee or applicant for requesting an accommodation for a known limitation under PWFA
• Employer cannot coerce individuals who are exercising their rights or helping others exercise their rights under PWFA

An interim reasonable accommodation can be used when there is a delay in providing the reasonable accommodation. 

For example, an interim reasonable accommodation may be needed when there is a sudden onset of a known limitation under the PWFA, including one that makes it unsafe, risky, or dangerous to perform the normal tasks of the job, when the interactive process is ongoing, when the parties are waiting for a piece of equipment, or when the employee is waiting for the employer’s decision on the accommodation request. 

For more information on interim reasonable accommodations, what may be considered pregnancy related disabilities, guidance on requesting documentation for conditions and support on how to mitigate risks while navigating sensitive conversations, please reach out to jillrevard@revard164.com

Some source excerpts: SHRM 5.2024

DOL: New Overtime Rule, Set Aside by US District Court

The U.S. District Court for the Eastern District of Texas vacated the Biden administration’s overtime rule on Nov. 15. In its ruling, which applies nationwide, the court criticized the rule’s rise in the salary threshold level as displacing the duties test for the white-collar exemptions by being too steep.

In addition, the court struck down the automatic increases in the salary threshold every three years that the rule had set in place, finding that this violated the notice-and-comment period requirements of the Administrative Procedure Act.

The court concluded that the 2024 rule was not based on a permissible construction. Like the 2016 rule’s attempt to dramatically increase the minimum salary level from the 20th to the 40th percentile of full-time, salaried workers in the South, the 2024 rule mandated raising the minimum salary level for white-collar exemptions from the 20th to the 35th percentile—$58,656 annually—on Jan. 1, 2025.

For more information on assessing non-exempt qualifications, preparing for salary adjustments, exploring other available options to meet the DOL Final Rule, please reach out to jillrevard@revard164.com