Labor Law Updates – September 2020

These briefs provide a general description and are not meant to be all inclusive of compliance requirements.  This list is not inclusive of all legislative changes for employers across the U.S. Changes may have been addressed in previous updates, which can be accessed from our blog.

Employers are encouraged to work with their Inspiring HR Consultant before making policy changes to capture the full requirements of these laws.

Some of the notable newly active and upcoming State Changes in this issue are as follows:

OREGON

Workplace Fairness – Effective October 2020

 The state of Oregon has made it mandatory for employers to establish a robust anti-harassment and non-discrimination policy that not only outlines the process of reporting complaints of harassment, but addresses requirements of non-disparagement and non-disclosure agreements as well as the five-year statute of limitations on bring forward a harassment or discrimination complaint.  Once established, policies should be included in employee handbooks.  Polices should also be presented separately for acknowledgement to current employees, to new employees upon hire, and when an employee brings forward a harassment complaint. https://olis.leg.state.or.us/liz/2019R1/Measures/Overview/SB726

SOUTH CAROLINA

SC Lactation Support Act – Effective July 25, 2020

The South Carolina Lactation Support Act requires employers to provide employees reasonable unpaid break time, or paid break time or mealtime, each day to express breast milk.

All employers must provide reasonable unpaid break time, or permit employees to use paid break or meal time each day to express breast milk. If possible, the break time must run concurrently with any break time already provided to the employee. Employers are not required to provide lactation breaks if doing so would create an undue hardship on their operations.

In addition, employers must make reasonable efforts to provide a room or other location, other than a toilet stall, in close proximity to the work area, where an employee may express milk in privacy. However, federal law mandates that employers provide a lactation space, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, so unless it would create an undue hardship, the lactation space should not be a bathroom. The law makes clear that employers are not required to build a room for the primary purpose of expressing breast milk. Under the law, employers will be held harmless if they make reasonable efforts to comply.

The Lactation Support Act makes it unlawful to discriminate or take any adverse action against an employee for requesting or using reasonable unpaid break time, or paid break time or mealtime to express breast milk in the workplace.

Training is being provided for free by the South Carolina Human Affairs Commission for a limited time. Contact training@schac.sc.gov or (803) 673-9284 to request training.

Finally, please post the required notice with your other employment law posters. If you have Spanish speaking employees, a Spanish version should also be posted.

Need HR help? For more information new and upcoming federal & state legislation regarding employment practices,  contact our partners at Inspiring HR.

This article does not constitute legal advice and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making decisions about policies.