2025 GSHHRA Fall Education-2025 GSHHRA Fall Education Recording

Video Transcription

Video Summary

Vathana Sivanesan, a legal expert with background in employment law, delivered an in-depth presentation covering key employment law topics relevant to HR professionals. She began with the Pregnant Workers Fairness Act (PWFA) and the PUMP Act, clarifying pregnancy-related workplace accommodations. The PWFA mandates employers with 15+ employees provide reasonable accommodations for pregnancy-related conditions, emphasizing an interactive process and discouraging automatic leave placement. The PUMP Act extends the Fair Labor Standards Act's provisions by requiring employers to provide unpaid break time and a private, non-bathroom space for nursing employees to express breast milk.<br /><br />Sivanesan also examined the interplay between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). FMLA grants eligible employees up to 12 weeks of leave for serious health conditions, while ADA requires reasonable accommodations for disabilities, with leave as a last resort after exhausting other leave options. Employers must evaluate extensions carefully, considering health certifications and undue hardship on a case-by-case basis with legal counsel guidance due to liability risks.<br /><br />Updates on overtime law included the new overtime tax deduction under the One Big Beautiful Bill (OBBB), allowing employees to deduct the amount paid as overtime premium (0.5x regular rate) on taxes, though IRS guidance on reporting remains pending due to government shutdown.<br /><br />The session highlighted workplace violence as a growing concern, recommending employers proactively implement prevention programs and document safety efforts, despite limited specific state mandates.<br /><br />Finally, Sivanesan addressed vaccine mandate policies post-pandemic, emphasizing that while no federal/state mandates exist, employers can require vaccination subject to ADA medical and Title VII religious accommodations. The EEOC is intensifying enforcement of religious accommodation claims, and employers are cautioned to avoid intrusive questioning into beliefs.<br /><br />Throughout, Sivanesan stressed the importance of facts gathering, legal compliance, continual monitoring of evolving guidance, and consulting legal counsel before adverse employment decisions in protected situations. Interactive Q&A included scenarios on leave extensions, accommodations, and documentation requirements to reinforce practical application.

Keywords

Pregnant Workers Fairness Act

PUMP Act

employment law

HR professionals

Family and Medical Leave Act

Americans with Disabilities Act

overtime tax deduction

One Big Beautiful Bill

workplace violence prevention

vaccine mandate policies

ADA accommodations

Title VII religious accommodations