The Pregnancy Discrimination Act (PDA), which applies to employers with fifteen (15) or more employees, forbids discrimination based on pregnancy when it comes to any aspect of employment including, but not limited to, recruitment, compensation, promotions, training, benefits and terminations.
Under the PDA, an employee who is temporarily unable to perform her job due to pregnancy must be given the same rights as any other employee with a temporary disability. For example, if an employee who is temporarily disabled utilizes disability leave or leave without pay, an employee who is temporarily unable to perform her job due to pregnancy must be able to utilize the same benefit.
The Department of Labor (DOL) has recently proposed changes to the Fair Labor Standards Act’s (FLSA) overtime regulations. These proposed changes include increasing the salary level test for Executive, Administrative and Professional level exemptions, as well as increasing the salary level for Highly Compensated Employees. The proposed changes also include reanalyzing the definition of “primary duty” for the purposes of proper FLSA classifications.
Each January, Tim Davis, partner at the law firm of Constangy, Brooks, Smith & Prophete, LLP, speaks to the local Topeka SHRM Chapter regarding recent and upcoming legal updates and how each affects the area of human resources. These legal updates include all aspects of the employer/employee relationship including compliance with the NLRA, FMLA, Title VII, ADA, ADEA, and FLSA, just to name a few.