About the Course
Introduction
This CLE webinar will provide a comprehensive overview of the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The panel will examine trends and developments related to the laws since their enactment, provide an update on the interplay of important federal and state laws, and outline practical implications for employment counsel when advising clients with respect to key accommodations and protections in the modern workplace.
Description
The PWFA requires private sector employers with more than 15 employees, as well as public sector employers, to provide reasonable accommodations for job applicants and employees with known limitations related to pregnancy, childbirth, or related medical conditions, except if doing so would impose an undue hardship on the operation of a business. Like the ADA, the PWFA requires an interactive process between employers and pregnant workers to determine what constitutes appropriate and reasonable accommodations.
In addition to protections under the PWFA, the PUMP Act extends workplace protections for nursing mothers to include exempt as well as non-exempt, employees. The law also provides that employees must be completely relieved from work or otherwise such time is counted as hours worked, which is significant for calculating overtime for non-exempt employees. Among other issues, including break locations, there are carveouts for small employers/businesses where compliance would pose an undue hardship and exceptions for certain employees of air, rail, and bus operators.
The PWFA is enforced by the EEOC. The PWFA also provides a private right of action upon an aggrieved employee's exhaustion of their EEOC administrative remedies. The PUMP Act is enforced under the remedies provisions of the Fair Labor Standards Act, which includes a private right of action for aggrieved employees who faced retaliation. Both the PWFA and the PUMP Act do not preempt state or local laws that afford greater legal protections for pregnant and nursing workers.
Listen as our expert panel discusses employer requirements under the PWFA and the PUMP Act and provides notable case law updates. The panel will also address more generous state and local laws, discuss federal and state law interaction, and offer practical advice for PWFA and PUMP Act compliance.
Presented By
Ms. Fant frequently counsels on employee leave and accommodation matters involving the Americans with Disabilities Act, the Family and Medical Leave Act and related state and local laws. She also provides general employment counseling and has experience reviewing and updating employee handbooks and company policies, as well as providing training on topics such as discrimination and harassment in the workplace, social media, and the accommodation of physical and mental disabilities. Ms. Fant is a frequent contributor to Proskauer’s Law and the Workplace blog.
Mr. Hetrick is a management rights advocate who represents employers on federal and state labor and employment law compliance and dispute resolution. He counsels employers with an eye to preventing claims arising from day-to-day employment decisions, particularly terminations of employees and large-scale layoffs. An important component of his practice involves drafting and revision of employee handbooks, personnel policies and procedures, employment applications, background check disclosure and consent agreements and employment contracts. Mr. Hetrick drafts comprehensive leave-of-absence policies designed to coordinate employer obligations under federal disability/medical leave laws and state workers’ compensation laws while, at the same time, advising on how to navigate conflicting obligations under those laws to avoid litigation. He helps employers to run their companies in compliance with labor and employment laws by providing training to managers, supervisors and employees on discrimination and harassment prevention. Mr. Hetrick speaks frequently on employment law and human resource management issues.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, February 19, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Overview of the PWFA
A. Employer requirements
B. Accommodations and enforcement
II. Overview of the PUMP Act
A. Employer requirements
B. Protections and enforcement
III. Interplay of federal and state laws
IV. Best employment practices for avoiding pregnancy-related claims
The panel will cover these and other key issues:
- What accommodations are employers required to provide to eligible employees under the PWFA? PUMP Act?
- What steps should counsel take to assist clients with PWFA and PUMP Act compliance?
- What are best employment practices when navigating the laws to steer clear of costly pregnancy-related lawsuits?
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