Here at ESC, our compliance department is consistently monitoring labor-related rules and regulations on the federal, state, and local levels.  We identify and advise our clients on updates to existing regulations, newly enacted legislation, and labor-related items in the legislative pipeline.  Here are three key updates for summer 2024:

Paid Lactation Breaks and Paid Prenatal Leave

Starting July 19, 2024, New York State employers are required to provide 30 minutes of paid break time for employees to express breast milk. This is a shift from the previous requirement of unpaid break time, aligning with the state’s commitment to supporting working mothers.

Employees can take as many 30-minute paid breaks as needed and may also use regular paid breaks or meal times if additional time is necessary. Employers must provide a private, clean space (not a restroom) equipped with essential amenities like a chair, table, and electrical outlet for milk expression​​. The location is also required to be close to accessible, clean water. To learn more about this update, check out the NYS DOL website.

In addition to the paid lactation breaks, effective January 1, 2025, New York State employers will be required to offer paid prenatal leave.  Pregnant employees will be eligible for up to 20 hours of paid leave to attend prenatal medical appointments and procedures.

These changes are part of broader legislative efforts in New York to enhance support for working parents. Employers should review and update their policies to comply with these new requirements.

Update: Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) has recently undergone significant updates, finalized by the Equal Employment Opportunity Commission (EEOC) on April 15, 2024, with the final rule taking effect on June 18, 2024.

Under the updated legislation, employers with 15 or more employees are required to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless it causes undue hardship for the employer.

Examples of reasonable accommodations include frequent breaks, schedule changes, light duty, telework, and job restructuring. The final rule emphasizes that employers must respond quickly to accommodation requests due to the temporary nature of pregnancy​​.

These updates aim to provide clearer guidelines for both employers and employees, ensuring pregnant workers can maintain their health and employment without facing discrimination or undue burden.

The U.S. Equal Employment Opportunity Commission has provided more information about this act on their website.

Ongoing Monitoring: Federal FLSA Salary Exempt Threshold Increase

Effective July 1, 2024, the US Department of Labor (DOL) has increased the federal threshold for salaried, exempt employees to $43,888 annually, or $844 weekly. There have been numerous legal challenges surrounding this threshold, and it is unclear whether this increase will remain in effect.

This increase is phase 1 of a two phase plan from the DOL.  Phase 2 is expected to go into effect January 1, 2025, when the threshold will increase to $58,656 annually or $1,128 weekly.

The federal increase that was effective July 1st has had minimal impact on employees in NY State, as the NY State salary exempt threshold for employees meeting the administrative or executive exemptions is currently higher than the federal threshold. ESC has and will continue to monitor challenges to the final determination, and provide updates where applicable.

In order to ensure you are prepared, ESC recommends either making a plan to raise impacted out of state employees’ salaries or reclassifying them as nonexempt.

Please contact ESC with any questions on Paid Lactation Breaks, Paid Prenatal Leave, PWFA, and Minimum Salary Thresholds. ESC’s team of HR experts can assist with employment manual updates, the interactive process, proactive planning, and any other support needed.