Special Report: PWFA Final Regulations

Jai HookerLegislative Updates

The Equal Employment Opportunity Commission (EEOC) released the text of the final regulations and interpretative guidance implementing the Pregnant Workers Fairness Act (PWFA) on Apr. 15, 2024. They were formally published in the Apr. 19, 2024, Federal Register and will be effective 60 days later.

Congress Violated U.S. Constitution When It Passed Pregnant Workers Fairness Act, Texas Court Rules

Jai HookerLegislative Updates

Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et al., No. 5:23-cv-00034 (N.D. Tex. Feb. 27, 2024). The court permanently enjoined the Equal Employment Opportunity Commission (EEOC) and Department of Justice from enforcing the PWFA against the State of Texas and its agencies.

St. Paul Issues New Guidance For Employers Complying with the City’s Earned Sick and Safe Time Ordinance

Jai HookerLegislative Updates

Continuing the wave of new rules and regulations related to paid leave in Minnesota, on Jan. 8, 2024, the St. Paul Department of Human Rights and Equal Economic Opportunity (HREEO) issued guidance on its interpretation of St. Paul’s Earned Sick and Safe Time (ESST) Ordinance. St. Paul revised its ESST Ordinance in October 2023 to align with Minnesota’s ESST law, which went into effect Jan. 1, 2024

Philadelphia’s COVID-19 Sick Leave Law Expires

Jai HookerLegislative Updates

Philadelphia’s COVID-19 Supplemental Paid Sick Leave law expired on Dec. 31, 2023. As a result, as of Jan. 1, 2024, employers are no longer required to provide additional paid sick leave to employees when they are absent for certain COVID-19 reasons.

Potential New York City Paid Sick Leave Private Right of Action Looms

Jai HookerPaid Sick Leave Updates

On Dec. 20, 2023, the New York City Council passed legislation that would create a private right of action to enforce the Earned Safe and Sick Time Act (“ESSTA”). If the legislation becomes law, it would allow employees who allege a violation of ESSTA to bring forward a civil action in court, in addition to filing a complaint with the City’s Department of Consumer and Worker Protection (“DCWP”).