Webinar Recap | June Summer Roundtable

To kick off the first week of summer, Adams Keegan’s Charles Rodriguez, Amanda McCollum, Natasha Benda, and Brandon Roland held a roundtable discussion for our June webinar. They discussed a variety of topics, from the Pregnant Worker’s Fairness Act to tips for employee termination.

Missed the discussion on June 21? Click here to tune in.

Equal Opportunity Commission’s (EEOC) Pregnant Worker’s Fairness Act (PWFA)
The EEOC’s PWFA, effective June 18, 2024, mandates reasonable accommodations for limitations associated with pregnancy and related conditions. Although initially enacted last year, the EEOC issued detailed enforcement regulations after receiving significant public input.

Under this law, employers with 15 or more employees must provide sensible adjustments for known pregnancy limitations without making assumptions about employees' needs. These include basic necessities such as allowing employees to sit, take extra breaks, or have snacks during work. These arrangements must be made even if employees cannot temporarily perform essential job functions.

Employers should review and update policies, ensure integration of these new requirements, and train managers to handle pregnancy-related requests appropriately. Proper documentation, while necessary, should not delay immediate and just accommodations.

California Workplace Violence Prevention Act
Effective July 1, The California Workplace Violence Prevention Act mandates comprehensive measures to hinder violence for all employers with 10 or more on-site employees. This requires immediate compliance with no grace period, and employers must develop detailed, individualized prevention plans that include annual reviews and employee participation. Remote workers are exempt, but on-site businesses must assess and document potential risks, such as identifying vulnerable areas and evaluating the likelihood of various scenarios.

A model policy provided by the state offers guidance, but it is not a one-size-fits-all solution – it requires specific responses tailored to each workplace’s unique conditions. Employers must also maintain incident logs, support employees in obtaining restraining orders if necessary, and involve workers' compensation insurers in plan evaluations. To navigate the act's complexities, California employers are advised to seek local expert counsel to secure compliance and enhance safety.

Best practices for an employee’s unplanned last days
Handling an employee's unplanned departure requires clarity and consistency to avoid complications. Firstly, employers must understand and document the grounds for termination, ensuring the language used is precise and honest. Mischaracterizing reasons can lead to disputes during unemployment claims or discrimination charges.

When an employee misses work due to illness, it's essential for employers to reach out proactively and document all attempts to contact the employee, demonstrating a good-faith effort to communicate. This is particularly important when seeking medical documentation to prevent misunderstandings.

When drafting a termination letter, employers should keep communications concise and provide clear facts without overloading details. Avoiding vague terms is key, as they can be misinterpreted and used against the employer in unemployment claims. It’s also important to maintain consistency with company policies and ensure that the standards for unemployment claims and legal requirements are understood and met. This approach not only mitigates legal risks but also upholds the integrity and fairness of the entire process.

The webinar also featured updates and guidance on preparing for the U.S. Department of Labor's new salary threshold requirements and timelines, slated to become effective on July 1, 2024.

Check out the full webinar and give yourself about 50 minutes to become fully immersed in the conversation.