discrimination in relation to pregnancy, childbirth, and related conditions, including the right to reasonable accommodation to known limitations related to pregnancy, childbirth, and related conditions. address the rights of breastfeeding employees. Requirements for Employees Exemption Employer must demonstrate that the accommodation would impose an undue hardship on the operation of the business. Undue hardship means an action requiring significant difficulty or expense when considered in light of factors such as: the nature and cost of the accommodation; the overall financial resources of the employer; the overall size of the business of the employer with respect to the number of employees, and the number, type and location of its facilities; and the effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer. All , regardless of the size of their business, are required to comply with this provision. However, employers with fewer than 50 employees are not subject to the FLSA break time requirement if the employer can demonstrate that compliance with the provision would impose an undue hardship. Whether compliance would be an undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, or structure of the employer’s business. Milk Storage Does Unpaid Break Time Impact Full Time Status and/or Eligibility for Health Insurance? Is Unpaid Break Time Expressly Separated from Paid Leave or Paid Time Off? Are Employers Required to Consider Providing Additional Accommodations for Breastfeeding Employees? Additional accommodations available under this subchapter may include, but are not limited to, acquisition of equipment for sitting, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring,
Sanctions for Non-Compliance Superior Court shall have the authority to provide the following relief, including but not limited to: a. the respondent to cease and desist or modify its existing employment policies; b. Order the respondent to hire, reinstate or promote the charging party; c. Order the payment of compensatory damages, including but not limited to general and special damages, punitive damages when appropriate, not to exceed the damage awards allowable under Title VII of the Civil Rights Act of 1964 [42 U.S.C. § 2000e et seq.], as amended, provided that for the purposes of this subchapter, employers with 4-14 employees shall be treated under Title VII's damage award as an employer having under 50 employees; and d. Order the costs of litigation and reasonable attorney's fees to the prevailing party. (2) In any action brought by the Department for violation of the retaliation provision of § 711(f) of this the Court shall fine the employer not less than $1,000 nor more than $5,000 for each violation, in addition to any liability for damages. A wilful violation of the requirement to provide notice of the right to be free from discrimination in relation to pregnancy, childbirth, and related conditions, including the right to An employee whose rights are denied can file a complaint with the Wage and Hour Division, which can go to court to obtain an order requiring the employer to comply. In addition, any employee who is “discharged or in any other manner discriminated against” because, for instance, he or she has filed a complaint or cooperated in an investigation, may file a retaliation complaint with the Wage and Hour Division or may file a private cause of action seeking appropriate remedies including, but not limited to, employment, reinstatement, lost wages and an additional equal amount as liquidated damages. reinstatement, compensatory damages, punitive damages, back pay for lost where someone has been terminated, and requiring an employer to take certain actions to prevent future discrimination.