Free Employment Protections for Pregnant Workers Webinar

Received this in my e-mail and wanted to share with everyone who is interested.  This is from US DOL's Women's Bureau. You can register by clicking here. I'm interested to hear if they mention Hawaii during the webinar.  It will be held 9 a.m. Hawaii Standard Time.   The Women's Bureau invites you  to a webinar Know your Rights:  Employment Protections for Pregnant Workers TuesdayJanuary, 27th2:00-3:15 p.m. EST To register for the webinar, please click here and use password: Welcome!23    Get the teleconference audio by calling:  888-957-9827 Pass code: 9688432 ABOUT THIS WEBINAR This webinar is the second in a series hosted by the Women’s Bureau that explores key policy and programs for working women. This installment showcases the Women’s Bureau's work on educating workers about pregnancy protections provided under the law and also highlights recent developments at the state level. The program will include an introduction by the Director of the Women's Bureau, Latifa Lyles, followed by three speakers. Sarah Crawford from the Equal Employment Opportunity Commission who will discuss the updated enforcement guidance and the EEOC’s stepped up focus on pregnancy protections. Melissa Josephs from the Chicago-based Women Employed will talk about the recent enactment of the Pregnancy Fairness Law in Illinois, the unanimous support it received from the legislature, and what they expect as the law goes in to effect. Dina Bakst from A Better Balance will discuss similar laws in place in Delaware, New York City, and other states and cities. MODERATED BY: Latifa Lyles Director, Women's Bureau, U.S. Department of Labor SPEAKERS INCLUDE: Sarah Crawford Attorney Advisor, Office of the Chair,  Equal Employment Opportunity Commission  Melissa Josephs Director, Equal Opportunity Policy, Women Employed Dina Bakst Co-Founder and Co-President, A Better Balance For more information on the Women's Bureau and other programs or events in your region, please visit us at WWW.DOL.GOV/WB Questions? Contact Us STAY CONNECTED: SUBSCRIBER SERVICES: Manage Preferences  |  Unsubscribe  |  Help Got this as a forward? Sign up to receive our future emails. This email was sent to pamela.b.martin@hawaii.gov using GovDelivery, on behalf of: United States Department of Labor · 200 Constitution Ave., NW · Washington, DC 20210 · 1-866-4-USA-DOL (1-866-487-2365)

Lactation breaks and posting requirements went into effect July 1, 2013

     Act 249, Regular Session 2013, was signed into law and became effective on July 1, 2013.  The Act requires employers to provide a private place (other than a bathroom) and the time for mothers in the first year of their child's birth, to express breast milk.   The law also requires employers to post a notice about nursing mother's rights.  The DLIR has provided a suggested poster that can be found on the DLIR website. 

Who's covered?
      This law protects all employees who need to express milk while at work within the first year of their child's birth.  This is a much broader application than a similar law under the Federal Labor Standards Act ("FLSA").  The FLSA provision applies only to those employees who are not exempt from the overtime law under FLSA.  The FLSA also provides that any State law offering greater protection has priority.  This means Act 249 is the standard in Hawaii for all employers.

All employers?  YES!
     The law does provide an opportunity for employers with less than 20 employees to prove that providing the space and time would impose an undue hardship.  Notice it is the employer who has to show the undue hardship if they choose not to provide the space and time required under the law. 

What kind of space and how much time?
      Act 249 specifies employers need to provide  "reasonable break time" which is not defined.  As well, the place provided must be "shielded from view and free from intrusion."  Employers who are struggling with how to provide this may reach out to proponents of the measure including  Breastfeeding Hawaii who have various suggestions and alternatives to assist employers with compliance.
     
Private right of action and penalties
   The DLIR does not enforce this law, it is enforced by court action, similar to Hawaii's whistleblower law.  Employers who fail to comply with opportunity to express milk law  may be sued in an appropriate court and be subject to a civil fine of $500 a day for violations.  In addition, employers may be liable for damages to the employee or employees who bring the private right of action in court.

What to do if employer and employee can not agree
   The law provides a legal remedy that allows a lawsuit in the appropriate court.  The Hawaii State Bar Association has a referral and information line (808-537-9140) that will provide free referrals to several attorneys that are familiar with this issue that will help you find a resolution.

Mediation may be the answer
     Employees or employers may reach out for assistance in resolving the matter through mediation.  Community mediation centers throughout the State provide professional workplace mediation.  To find out more about how this can help, you can contact a local mediation center near you.  Honolulu, Oahu - Mediation Center of the Pacific (808) 521-6767; Wailuku, Maui - Maui Mediation  (808) 244-5744;  Hilo Hawaii - Ku'ikahi Mediation Center  (808) 935-7844; Kamuela, Hawaii - West Hawaii Mediation Center - (808) 885-5525; Kauai - KEO Mediaton (808) 245-4077 Ext: 229 or 237.