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Avoid Legal Landmines with Employees Returning from Maternity Leave - On-Demand

Avoid Legal Landmines with Employees Returning from Maternity Leave - On-Demand

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Avoid Legal Landmines with Employees Returning from Maternity Leave - On-Demand

Webinar now available On-Demand.

WEBINAR SNAPSHOT: Attendees will come away with an understanding of how to avoid legal landmines regarding accommodations for employees returning from maternity leave, what their obligations are under federal law, and what new state laws have been enacted or are on the horizon that may impact requirements for new mothers and fathers.

You have an employee who has been out on maternity or paternity leave. Whether your local laws impact how long they were able to take off or your company has an even more generous policy, new laws have been enacted—or are likely to stipulate obligations to accommodate those returning to work after maternity leave that have not been required in the past.  For instance, new laws recognize that lactating mothers may require a private space to express milk, refrigerator space for storage, and more.

The Fair Labor and Standards Act (FLSA) requires employers to provide reasonable break time for returning mothers to express milk, “each time such employee has need to express the milk.”  Under the FLSA, these breaks may be unpaid. The law also requires a private space, other than a bathroom, for mothers who need to express milk.  In addition, employers who fail to provide such accommodations may be subject to violations of the Pregnancy Discrimination Act.

California’s expanded maternity leave law, SB 142, took effect in January of this year, and it provides additional requirements for employers, with increased consequences for employers who violate the requirements. Employers across the country need to be aware of the laws, both federal and state, and how they intersect.  Not providing accommodations for employees returning from maternity or parental leave may result in the possibility of lawsuits or other penalties.

Use this on-demand webinar with an experienced employment attorney and litigator and find out more about your obligations when a new mother—or father—returns from parental leave. Best practices and guidance will be provided to ensure you are both a great employer and in compliance with the law.

At the conclusion of this program, participants will be able to:

  • Gain insight into the federal laws that provide for accommodations to employees returning from maternity or paternity leave
  • Review some expanded state laws regarding lactating employees, such as California, and what’s to come from other areas
  • Understand how local and state laws may intersect with federal mandates, such as FMLA
  • Learn about possible exceptions, depending on the type of organization, to specifics in the laws that provide for lactations rooms, etc.
  • Refrigerators, clean and private spaces, place to sit, electrical outlets, and more may be required
  • Understand what can be considered discrimination by not providing accommodations for returning employees, and other possible legal landmines that you may not even be aware of at this time
  • And much more!

About Your Presenter

Robert Wilson

Robert Wilson is a partner in Fisher Phillips’ San Diego office handling cases throughout the United States and locally in the states of California and Arizona.  He routinely represents national and local employers guiding employers through all employee related issues. As one primary focus, he handles multi-party complex and class action litigation, including the defense of wage-and-hour class actions, Private Attorneys General Act (PAGA) representative actions, and other labor and employment law claims raised by individual employees including discrimination (sex, national origin, age, etc.), harassment, wrongful termination and all related claims.  He is an experienced litigator having been involved in over 100 class and PAGA actions and several jury trials obtaining extraordinary results for his clients.

Wilson routinely represents clients in all types of discrimination lawsuits under federal and state laws. He also defends claims for: unpaid wages, unpaid overtime, meal period and rest break violations, failure to reimburse business expenses, failure to pay minimum wages, regular rate of pay issues, and wage statement violations.