Regulatory Roundup for July 2023

July Regulatory "Hot" Topics

HR: PROTECTIONS FOR PREGNANT AND NURSING EMPLOYEES

The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, passed in December 2022, provide comprehensive legal protections for pregnant and nursing employees. Both laws were enacted this year, creating a safer and more equitable working environment for expecting and nursing mothers.

Embracing the PUMP Act

The PUMP Act broadens the rights of nursing mothers at work. It mandates all employees, including those exempt from overtime pay, to take reasonable breaks to express breast milk in a private, non-bathroom space free from intrusion during the baby's first year. This provision also applies to remote workers, who must not be observed via employer-supplied or required video systems.

Notably, the law doesn't limit the number of breaks an employee can take, which may coincide with breaks under local laws. Without proper policies in place, this overlap could potentially lead to mismanagement. It's essential to know that exempt employees should receive their full weekly salary, regardless of these breaks. For non-exempt employees, these breaks can be unpaid unless specific conditions are met, such as not being fully relieved from duty or if the milk is expressed during paid breaks. However, local laws might have stricter regulations, potentially requiring you to pay nonexempt employees for lactation break time.

If your business has fewer than 50 employees, you may be exempt from compliance if you can prove that it would cause undue hardship. As of April 28, employees can sue employers who fail to provide the requisite breaks, space for expressing milk, or payment for the breaks as per the PUMP Act. But before taking legal action, the employee must inform you of the alleged failure, providing a 10-day 'cure period' for you to correct the situation. We recommend companies document the employee's complaint and document the company's resolution.

Aligning with the PWFA

Taking effect last month, the PWFA echoes the Americans with Disabilities Act (ADA) but includes some variations. The PWFA protects individuals with known limitations related to pregnancy, childbirth, or related medical conditions. You might have to eliminate an essential job function under the PWFA temporarily. The PWFA will cover any employee deemed disabled under the ADA due to a pregnancy-related condition, but not all PWFA-protected employees will be protected under the ADA.

It's important that you don't force an employee to accept a reasonable accommodation that hasn't been agreed upon through an interactive process or push them to take leaves, whether paid or unpaid when other reasonable accommodations are available. Take this time to update your business's training on reasonable accommodations and the interactive process, with an emphasis on the importance of documentation.

SUMMER SAFETY UPDATES: OSHA FINAL RULE TRACKING WORKPLACE INJURIES AND ILLNESSES

Starting January 1, 2024, businesses in specific high-risk industries will have new safety reporting requirements from the U.S. Department of Labor. Companies with 100 or more employees will need to submit information annually from their Form 300 (log of work-related injuries and illnesses) and Form 301 (injury and illness incident report) electronically to the Occupational Safety and Health Administration (OSHA). This is in addition to their current requirement of submitting Form 300A (summary of work-related injuries and illnesses).

Additionally, businesses are now required to include their legal company name when submitting these electronic reports. Some of this information will be publicly available on the OSHA website, to help various stakeholders understand a company's safety record and make informed decisions.

Businesses with 20-249 employees in these high-hazard industries, and businesses with 250 or more employees who are already required to keep OSHA injury and illness records, will continue to submit Form 300A electronically. This rule is aimed at helping reduce occupational injuries and illnesses by providing the public and OSHA with a better understanding of the safety issues workers face in these industries.

TRENDING IN TRANSPORTATION: CHANGES COMING FOR INTERNATIONAL CDL HOLDERS IN TEXAS

As a longstanding rule, the only foreign commercial driver licenses (CDLs) that are accepted in the United States are from the federal government of Mexico and provinces and territories in Canada.?The U.S. has CDL reciprocity agreements with only these two North American countries and only recognizes the license (Licencia Federal de Conductor) issued by Mexico’s SCT as reciprocal for operations in the U.S.

On June 11, 2023, Governor Abbott signed H.B. No. 4337.?Once it becomes effective on 9/1/2023, this bill has added some new verbiage to bring a big Texas-sized earthquake to drivers holding international CDLs.?Sec. 522.015(1)(B)(ii) added “is authorized under federal law to work in the United States.” Sec. 522.015(5)(b) says if a person has a commercial driver’s license or a commercial learner’s permit described by Subsection (a)(1)(B)(i) and is not authorized to work under federal law to work in the United States but satisfies all of the other requirements of Subsection (a), the person may drive a commercial motor vehicle only in a county bordering the United Mexican States.

What does all of that legal jargon mean for business owners??Not much, if you don’t utilize drivers with international CDLs – but for the carriers that do, they should be prepared for DPS to ask drivers roadside for their work VISAs.?This will be a stark change to the current practice.?The bill is meant to eliminate the illegal purchase of international CDLs.?Even worse – if caught driving a CMV with a foreign CDL without proper documentation, your drivers can be arrested on the spot.?In an already struggling driver labor market, this could be another big hill to climb.?

As with any major change, there will likely be quite a learning curve, and with ANY government changes – this could be delayed or implemented entirely differently.?Keep an eye on our IRONWOOD Insights, and we’ll keep you updated as we continue to learn more about how this will be rolled out and how it will affect you.

Regulatory Updates on the Radar

• After July 31, Immigration and Customs Enforcement (ICE) will no longer allow employers to inspect employees’ I-9 and work authorization documents remotely.
• Employers will have extended time to submit EEO-1 Component 1 data. The collection was tentatively scheduled for July but is now expected to be delayed until fall 2023.
• The?proposed overtime ruling?has been postponed and is now expected in August 2023.
• CVSA's annual Brake Safety Week?is next month. The campaign will last from August 20-26 and focus on brake lining and brake pad violations.
• The U.S. Department of Transportation (DOT) has announced a proposed rule that would require all new vehicles weighing more than 10,000 pounds to have automatic emergency brakes (AEBs).?