Ford & Harrison, LLP

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Possibly. Changes made by the 2010 Patient Protection and Affordable Care Act require employers to provide breaks for women to express breast milk and to provide a place, other than a bathroom, for the employee to express breast milk. Employers with fewer than 50 employees are not required to provide breaks if doing so would be an undue hardship. This law does not preempt state laws that provide greater protections to employees. For more information please see Ford & Harrison's White Paper Employment-Related Obligations Imposed by the Health Care Reform Law.

Generally, federal law does not require employers to provide preferential treatment to pregnant workers, although state laws may impose such requirements. However, complications arising from pregnancy may qualify as a disability under the ADA or state disability laws and, thus, employers may be required to provide accommodations for such conditions in some situations.

FordHarrison attorneys understand that organizations must operate in a highly regulated, litigious business climate. We help employers minimize the legal risks involved in making employment decisions without compromising business needs. Our attorneys work with clients to devise strategies to lessen the risks associated with employee claims and union organizing and ensure compliance with federal and state labor and employment laws and regulations. Our diverse legal team allows us to provide cost-effective, quality service in all areas related to labor and employment law.

An affiliate of FordHarrison, F&H Solutions Group is a national consulting firm that provides clients with practical solutions to labor relations and human resources issues. Its expertise span the entire Human Resources platform, ranging from strategy and assessment through execution and implementation. Consultants at F&H Solutions Group assist clients in developing solutions to the ever-increasing obstacles in the complex and competitive marketplace.

About the Program Join FordHarrison attorney Mary E. Pivec and Jacob Monty of Monty & Ramirez, an affiliate of FordHarrison, for an update on federal enforcement activities related to I-9 paperwork violations, the failure to comply with the terms of the E-Verify MOU, and citizenship status discrimination stemming from a pattern and practice of document abuse in the employment verification process.

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