EEOC Issues Final Regulation on Pregnant Workers Fairness Act美国平等就业机会委员会（EEOC）发布了《怀孕工作者公平法案》（PWFA）的最终规则，该规则自2023年6月27日生效，要求15名以上员工的雇主为怀孕、分娩或相关医疗条件的员工提供合理的工作调整，除非这种调整给雇主带来过大困难。此规则进一步加强了1964年民权法案和美国残疾人法案下的保护措施，提供了关于合理调整、雇主责任及孕期工作者权利的更清晰指导。
Aids Implementation of Civil Rights Law Expanding Protections and Accommodations for Pregnant Workers
WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today issued a final rule to implement the Pregnant Workers Fairness Act (PWFA), providing important clarity that will allow pregnant workers the ability to work and maintain a healthy pregnancy and help employers understand their duties under the law. The PWFA requires most employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
The PWFA builds upon existing protections against pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and access to reasonable accommodations under the Americans with Disabilities Act. The EEOC began accepting charges of discrimination on June 27, 2023, the day on which the PWFA became effective.
The final rule will be published in the Federal Register on Apr. 19. The final rule was approved by majority vote of the Commission on Apr. 3, 2024, and becomes effective 60 days after publication in the Federal Register.
The final rule and its accompanying interpretative guidance reflect the EEOC’s deliberation and response to the approximately 100,000 public comments received on the Notice of Proposed Rulemaking. It provides clarity to employers and workers about who is covered, the types of limitations and medical conditions covered, how individuals can request reasonable accommodations, and numerous concrete examples.
“The Pregnant Workers Fairness Act is a win for workers, families, and our economy. It gives pregnant workers clear access to reasonable accommodations that will allow them to keep doing their jobs safely and effectively, free from discrimination and retaliation,” said EEOC Chair Charlotte A. Burrows. “At the EEOC, we have assisted women who have experienced serious health risks and unimaginable loss simply because they could not access a reasonable accommodation on the job. This final rule provides important information and guidance to help employers meet their responsibilities, and to jobseekers and employees about their rights. It encourages employers and employees to communicate early and often, allowing them to identify and resolve issues in a timely manner.”
Highlights from the final regulation include:
· Numerous examples of reasonable accommodations such as additional breaks to drink water, eat, or use the restroom; a stool to sit on while working; time off for health care appointments; temporary reassignment; temporary suspension of certain job duties; telework; or time off to recover from childbirth or a miscarriage, among others.
· Guidance regarding limitations and medical conditions for which employees or applicants may seek reasonable accommodation, including miscarriage or still birth; migraines; lactation; and pregnancy-related conditions that are episodic, such as morning sickness. This guidance is based on Congress’s PWFA statutory language, the EEOC’s longstanding definition of “pregnancy, childbirth, and related medical conditions” from Title VII of the Civil Rights Act of 1964, and court decisions interpreting the term “pregnancy, childbirth, or related medical conditions from Title VII.
· Guidance encouraging early and frequent communication between employers and workers to raise and resolve requests for reasonable accommodation in a timely manner.
· Clarification that an employer is not required to seek supporting documentation when an employee asks for a reasonable accommodation and should only do so when it is reasonable under the circumstances.
· Explanation of when an accommodation would impose an undue hardship on an employer and its business.
· Information on how employers may assert defenses or exemptions, including those based on religion, as early as possible in charge processing.
More information about the PWFA and the EEOC’s final rule, including resources for employers and workers, is available on the EEOC’s “What You Should Know about the Pregnant Workers Fairness Act” webpage.
For more information on pregnancy discrimination, please visit https://www.eeoc.gov/pregnancy-discrimination.
The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
温馨提示：加州雇主必须在 2024 年 2 月 14 日之前通知员工竞业禁止无效
作为NACSHR专业社群，让您的全球受众了解就业法律的重大变化非常重要，尤其是在美国这样的主要经济体。加利福尼亚州关于非竞争协议的最新进展就是一个很好的例子。以下是可能与您的读者相关的摘要和要点：
法律的主要变化：自 2024 年 1 月 1 日起，加州几乎所有形式的员工竞业禁止协议和条款都将失效。这是就业法的重大转变，反映出美国限制非竞争协议可执行性的趋势日益明显。
雇主义务：从 2024 年 1 月 1 日起，加州雇主有 44 天的时间通知所有现任和前任员工（在过去两年内受雇并签订过竞业禁止协议的员工）这一变化。通知必须告知员工，之前的任何竞业禁止协议现已失效。
通知方式：雇主必须通过邮件和电子邮件发送此通知，确保所有受影响的员工都能充分知晓。
违规处罚：未遵守通知要求的雇主可能会面临每次最高 2,500 美元的处罚。这强调了遵守新法规的重要性。
执法：虽然这项新法规的执行主要由加州总检察长和其他政府检察官负责，但从加州起诉违反非竞争协议行为的历史来看，雇主最好采取积极主动的态度。
全球影响：对于全球人力资源专业人士而言，了解这些变化至关重要，尤其是对于在加州开展业务的跨国公司而言。这一发展可能会影响雇佣合同谈判和人力资源实践。
这些信息对您的读者至关重要，可帮助他们深入了解重要司法管辖区不断演变的就业法律，并强调随时更新国际人力资源法律要求的重要性。
WHAT’S THE IMPACT?
Employers must send notices to the last known mailing and email address of every current and former employee who worked under a non-compete after January 1, 2022.
The notice must state that any noncompete to which the employee was bound is now void.
Failure to comply with the Valentine’s Day deadline will trigger Unfair Competition Law penalties up to $2500 per violation.
As an HR professional and editor, it's important to keep your global audience informed about significant changes in employment laws, especially in major economies like the United States. The recent development in California regarding non-compete agreements is a prime example. Here's a summary and key points that might be relevant for your readers:
Key Change in Law: As of January 1, 2024, California has invalidated nearly all forms of employee non-compete agreements and clauses. This is a significant shift in employment law, reflecting a growing trend in the U.S. towards limiting the enforceability of non-competes.
Employer Obligations: California employers now have a 44-day window, starting from January 1, 2024, to notify all current and former employees (who were employed in the last two years and had a non-compete agreement) about this change. The notification must inform employees that any previous non-compete agreements are now void.
Method of Notification: Employers are required to send this notification via mail and email, ensuring that all affected employees are adequately informed.
Penalties for Non-Compliance: Employers who fail to comply with this notification requirement could face penalties of up to $2,500 for each violation. This underscores the importance of adhering to the new regulation.
Enforcement: While enforcement of this new regulation is primarily the responsibility of the California Attorney General and other government attorneys, the state's history in prosecuting non-compete violations suggests a proactive approach from employers is advisable.
Global Implications: For HR professionals worldwide, understanding these changes is crucial, especially for multinational corporations with operations in California. This development could influence employment contract negotiations and HR practices.
This information could be vital for your readers, offering them insights into evolving employment laws in a key jurisdiction and highlighting the importance of staying updated with international HR legal requirements.
Employers
2024年01月22日
Employers
Employers, Employees Disconnected over AI-related Job DisplacementsLooking at the fast-growing AI age, generative AI is having a great impact on job security. Most employees have expressed their 'psychologically unsafe' at work, while most employers are unconcerned about this. In fact, in order to generate values more efficiently, leaders are supposed to be open to generative AI and upskill their employees.
'Misaligned perceptions' among leaders, employees erode trust, report says.
Employers and employees are not seeing eye to eye when it comes to the impact of generative AI in the workplace, hindering trust and preventing organisations from unlocking the potential of the technology at work.
This is according to a new report from Accenture after collecting data from over 7,000 C-suite leaders and 5,000 employees of large organisations across 19 countries.
According to the report,58%of employees are worried about generative AI's impact on job security.
This comes amid recent research from the International Monetary Fund saying the rapid rise of AI will expose nearly 40% of jobs worldwide, while another report from Goldman Sachs said it will put at risk 300 million jobs.
C-suite not concerned about AI
But members of the C-suite don't appear too concerned about this outcome, as the report found that less than one-third of them feel job displacement is a concern for people.
It also found a disconnect between employees and the C-suite when it comes to how gen AI will affect well-being.
For 60% of employees, they believe it will increase stress and burnout, while only 37% of leaders see this as an issue.
These disconnected views contribute to the lack of trust from employees, who don't believe their organisations will ensure positive outcomes when utilising generative AI, according to the report.
"Misaligned perceptions between leaders and workers also erode trust," the report said. "This lack of trust puts the trifecta of opportunities at risk."
'Trifecta of opportunities'
The report outlined three opportunities that organisations can maximise when it comes to gen AI and they are:
Accelerating economic value
Increasing productivity that drives business
Fostering more creative and meaningful work of people
But the lack of trust from their employees are preventing these organisations from leveraging these opportunities, despite 95% of them saying they see the value in working with AI, according to the report.
Role of leaders in gen AI integration
It also comes as two-thirds of employees said they don't have the technology and change leadership expertise to drive the reinvention need to take advantage of AI, according to the report.
"There's a way, however, for leaders to close the trust gap and accelerate gen AI integration: Look at and emulate how leading organisations are leveraging gen AI in ways that are better for business and better for people," the report said.
Only nine per cent of organisations in the survey were classified as "reinventors," who have achieved the capability for continuous reinvention and have maximised the potential of AI.
More than half of these reinventors are already redesigning jobs and roles around AI as steps to reshape the workforce, according to the report.
"Key to all of this: three-quarters are actively involving their people in their enterprise change efforts, while reskilling people," the report said.
These organisations are being transparent to employees throughout the process to establish and foster trust, according to the report.
Ellyn Shook, chief leadership and human resources officer, Accenture, underscored the role of leaders in the transition to gen AI.
"Success starts with leaders who are willing to learn and lead in new ways, to scale gen AI responsibly, to create value and ensure work improves for everyone," Shook said in a statement.
"It starts with asking a simple question: are people 'net better off' working here? This not only unlocks people's potential and drives bottom-line growth, but also paves the way for workers feeling comfortable, trusting and ready to work with gen AI. What we've learned from the past as leaders is that what happens next is up to us. The best outcomes are ours to shape."
SOURCE HRD
Employers
2024年01月22日
Employers
【下载】2024年加利福尼亚州就业法律指南 Get Your Free 2024 California Employment Law Guide
2024年加利福尼亚州就业法律指南 广泛概述了 2024 年加利福尼亚州的新就业法律。
它涵盖了就业法的各个方面，如一般就业法、大麻使用权、非竞争协议、与生育相关的丧假、工作场所安全以及特定行业的法律。每个部分都概述了新法律、其生效日期以及建议雇主为遵守这些法规而采取的下一步措施。
该指南是了解不断变化的加利福尼亚州就业法律环境的全面资源，有助于确保遵守新的法规和条例。 欢迎点击下载，来自CEA
Get Your Free 2024 California Employment Law Guide
While the end of the year is full of excitement with the holidays, this time of year also marks the buzz of Labor Law Update Season, as California employers prepare to comply with dozens of new employment laws. Access California Employers Association’s free 2024 New Laws Guide here, including key highlights for each bill and a to-do list for employers on practical next steps!
Major changes this year include:
Increased mandatory paid sick leave
Brand new reproductive loss bereavement leave
Comprehensive workplace violence prevention plan requirements
Cannabis-use protections
Wage and hour updates
Just to name just a few! click here https://www.nacshr.org/Resources/63027AD3-6469-1065-2077-A1551263B72F.html
CEA is here to provide customized support to employers of all sizes with their California compliance needs.
source：CEA
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