Employment Law Updates for 2020

​Every new year brings new employment laws, and 2020 is no different. Here’s what you need to know about employment law changes to stay ahead of the curve.

Family Policies

• Mother’s rooms. The Fair Labor Standards Act (FLSA) provides unlimited breaks to express milk during the first year of an infant’s life. Hourly employees are entitled to as many unpaid breaks as are necessary. The break room must be private and cannot be a bathroom. The rule applies to all employers with 50 or more workers. It also covers employers with at least one employee unless the employer can show complying means undue hardship.
• Paid leave. More states and cities have added paid leave laws. These may cover sick, family or other time off. Eleven states and the District of Columbia mandate it, along with 30 cities and counties in states that don’t. Check the rules in every location where you employ workers, including those who telecommute.
• Pregnancy and childbirth leave. Childbirth, or maternity and paternity leave, is distinct from paid leave, but can also overlap. For example, the FMLA provides up to 12 weeks of unpaid childbirth and bonding leave. Paid leave laws cover childbirth recovery, but not necessarily bonding time. Check the latest laws on childbirth leave, too. Currently, only the District of Columbia, California, New Jersey, Rhode Island, New York, and Washington – have paid childbirth leave laws. Your new HR rules should coordinate unpaid FMLA, paid leave and childbirth leave into one comprehensive policy. Finally, make sure your childbirth and bonding leave doesn’t leave the father out. More men are suing for equal rights and winning.

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Pay Equity. Several states have passed new HR rules that prohibit employers from asking about current or past salary when hiring. The idea is to force employers to make salary offers based on experience, education, and talent. If HR doesn’t know what salary a candidate currently receives, the offer has to be based on merit. The applicant won’t get an offer that’s less than her credentials suggest just because her old employer discriminated.
Compliance is critical, of course, but employment law news and trends can serve as cues to review your employee-related practices. Is your organization ahead of the curve or falling behind? Even if your business isn’t required by law to provide paid parental leave, would offering it increase your organization’s retention rate or give you a recruiting advantage over your competitors? If your organization is based in a state that doesn’t require annual anti-harassment and anti-discrimination training for all employees, you might review your current training and culture and decide that implementing annual training is the best choice for building a diverse group of talent and a culture of innovation.
 
Adapted from SHRM.