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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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2026-08-18T05:00:00Z
NewsIndustry NewsDiscriminationDiscriminationPregnancy DiscriminationHR GeneralistIn-Depth ArticleUSAHR ManagementEnglishFocus AreaHuman Resources
Why employers shouldn’t use ADA forms for PWFA situations
The federal Pregnant Workers Fairness Act (PWFA) is an anti-discrimination law that requires employers to give employees reasonable accommodations. Unlike the federal Americans with Disabilities Act (ADA), where employees must have a disability, under the PWFA employees only have to have a limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. This is a much lower threshold and can include minor limitations and time off for things like prenatal care. Under both the PWFA and the ADA, employers must provide an accommodation, unless doing so causes the employer undue hardship (i.e., disrupts the business, is too costly, etc.).
Limits on medical documentation
When employees ask for workplace changes because of a PWFA limitation, the law limits when employers may ask for medical documentation and require medical exams. It also limits how much medical information employers may ask for.
Under the ADA, employers may ask for medical information if the condition or need for accommodation isn’t obvious and the employer doesn’t already have enough information.
Employers might have forms to help get key information. ADA forms, however, usually ask for extensive medical information, and using them for PWFA cases could risk violating the law.
Under the PWFA, for example, employers may not require documentation if pregnant employees ask for the option to:
- Carry or keep water near their workstation and drink it as needed,
- Take additional restroom breaks,
- Sit if the work requires standing and stand if the work requires sitting, and
- Take breaks to eat and drink.
Timing could vary
Employees might also need an accommodation before they even have a medical appointment, so a documentation request must be reasonable under the circumstances. When it comes to the PWFA, employers may ask for information limited to:
- Confirming the condition;
- Confirming that the condition is related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions; and
- Describing the adjustment or change at work that is needed due to the limitation.
Using ADA forms could, therefore, inadvertently raise the bar for employees and their accommodations. This could make them less likely to ask for an accommodation and risk failure to accommodate claims under the PWFA.
Avoiding litigation
Employers that use ADA forms for PWFA requests might, therefore, fail to meet other PWFA requirements, such as:
- Prompt response times,
- Broader accommodation types, and
- Reduced documentation demands.
This can risk employee claims of discrimination and costly litigation.
Key to remember: Because the PWFA’s documentation rules are more restrictive, employers should develop separate PWFA-specific accommodation forms rather than relying on ADA forms.
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2026-08-18T05:00:00Z
NewsIndustry NewsGender DiscriminationIndustry NewsDiscriminationDiscriminationPregnancy DiscriminationAssociate Benefits & CompensationAssociate RelationsHR GeneralistHR ManagementEnglishFocus AreaHuman ResourcesUSA
EEOC sues employer for violating Pregnant Workers Fairness Act
Pregnant and nursing employees faced discrimination by their employer — an automotive lighting manufacturer — when it failed to accommodate them under the federal Pregnant Workers Fairness Act (PWFA).
Charges stem from the employer’s alleged misconduct dating back to July 2023, according to a press release on August 5 from the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the PWFA.
Accommodation missteps
The EEOC charged the company for refusing to accommodate pregnancy-related lifting restrictions of employees throughout its Illinois facilities. One employee was allegedly sent home and fired after company officials told her that her doctor’s note was “not good enough” and that “we don’t want to be responsible if you miscarry.”
The complaint alleges that another pregnant employee was placed on unpaid leave rather than being accommodated. She was then fired when her leave expired.
The lawsuit also claims the company failed to accommodate nursing mothers who needed breaks and a private space to pump breast milk. Instead, allegedly the company required women to:
- Pump in their cars or in rooms without locks,
- Denied them adequate time to pump, and
- Refused one employee’s request to continue taking a single pumping break during her lunch beyond 1 year after childbirth.
The company accommodated employees with lifting restrictions arising from on-the-job injuries by assigning them to light duty but refused to do the same for its pregnant employees, the suit alleges.
Some of the women were forced to quit as a result of the lack of accommodations.
“The Pregnant Workers Fairness Act requires employers to provide reasonable accommodations for limitations related to pregnancy, childbirth or related medical conditions, including lifting restrictions and the need to pump breast milk at work,” said Catherine Eschbach, acting EEOC general counsel. “Employers cannot force pregnant workers onto leave, or push nursing mothers out of their jobs, when a reasonable accommodation would allow them to keep working.”
The EEOC seeks monetary damages, including back pay, compensatory and punitive damages, and injunctive relief against the employer to prevent similar unlawful conduct in the future.
Will changes be coming to the PWFA?
There are potential changes coming to the PWFA that may (or may not) impact cases like this in the future.
When the EEOC published its 2026 regulatory agenda on July 6, the agency indicated that it plans to publish a proposed rule in November that would revise the PWFA regulations. The EEOC seeks to change the interpretation of the words “pregnancy, childbirth, or related medical conditions.”
After the public has a chance to review the proposed rule and add comments, the EEOC will review the comments and the rule will proceed to the next steps in the regulatory process.
A final rule addresses the public comments submitted in response to a proposed rule to help determine the final regulatory language. When an agency publishes a final rule, generally the rule is effective no less than 30 days after the date of publication in the Federal Register.
Key to remember: Covered employers must provide reasonable accommodations for pregnancy-related restrictions, unless it would cause an undue hardship for the business.
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2026-08-18T05:00:00Z
NewsWage and HourChange NoticesChange NoticeWage and HourColoradoAssociate RelationsAssociate Benefits & CompensationHR GeneralistMinimum WageHR ManagementEnglishFocus AreaHuman Resources
Colorado minimum wage to increase
Effective date: January 1, 2027
This applies to: Employers with employees in Colorado
Description of change: Effective January 1, 2027, Colorado’s minimum wage will increase from $15.16 to $15.71 per hour and from $12.14 to $12.69 per hour for tipped employees.
View related state info: Minimum wage - Colorado
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2026-08-17T05:00:00Z
NewsEnforcement and Audits - OSHAMaterials Handling and StorageErgonomicsTransportationForklifts and Powered TrucksWalking Working SurfacesFire Protection and PreventionIn-Depth ArticleWalking Working SurfacesUSAEnglishHeat StressErgonomicsOSHA Emphasis ProgramsEmergency Planning - OSHAIndustry NewsHeat and Cold ExposureFleet SafetyOSHA InspectionsSafety & HealthForklifts and Powered TrucksGeneral Industry SafetyExit RoutesAgriculture SafetyMaritime SafetyOSHA RecordkeepingMaterials Handling and StorageFire Protection and PreventionFocus AreaInjury and Illness Recordkeeping
Warehousing NEP stacks up wall-to-wall OSHA inspections through 2031
Citing elevated injury and illness rates, OSHA relaunched a National Emphasis Program on Warehousing and Distribution Center Operations on July 31. With this NEP, it’s now all hands-on-deck for federal OSHA inspectors nationwide for the next five years, as they knock on doors to:
- Warehousing and distribution operations,
- Mail processing and distribution centers, and
- Parcel delivery and courier services.
The warehouse NEP (CPL 03-00-026) is one of only 12 for the agency. NEPs are enforcement programs that concentrate the agency’s inspection and outreach efforts, based on emerging trends and strategic goals.
OSHA looked at federal data on rates for injuries and illnesses involving days away, restriction, or transfer. It turns out these industries continue to have higher rates than private industry overall. What’s striking is that, in some cases, those figures are over two to four times the private industry rate.
Which sectors are targeted?
Unlike the previous NEP, this one is straightforward with only one track. OSHA will select establishments with the following North American Industry Classification System (NAICS) codes for a comprehensive (wall-to-wall) safety inspection:
- NAICS 491110 — Postal Service Processing & Distribution Centers
- NAICS 492110 — Couriers and Express Delivery Services
- NAICS 492210 — Local Messengers and Local Delivery
- NAICS 493110 — General Warehousing and Storage
- NAICS 493120 — Refrigerated Warehousing and Storage
- NAICS 493130 — Farm Product Warehousing and Storage
- NAICS 493190 — Other Warehousing and Storage
Retail operations (in NAICS 444110, 444130, 444190, 445110, and 452311) are no longer targeted by this NEP as they were previously.
OSHA will draw up a list of establishments within the specific NAICS codes for this NEP for each Area Office. Any establishment that had a comprehensive safety inspection involving the NEP-listed hazards within the prior three years generally will not be subject to another inspection under the NEP itself.
If the officer discovers that the establishment location has changed or is not correct, but the NAICS code, personnel, and operation are “substantially similar,” the official may proceed with an inspection.
Does the NEP apply to small employers?
The NEP does not offer a threshold for the number of employees. Therefore, small businesses may be targeted. However, an establishment that is exempted under the Appropriations Act cannot be inspected under the NEP. (See CPL 02-00-170, Enforcement Exemptions and Limitations under the Appropriations Act.)
What will OSHA officers look for?
Compliance officers will review OSHA 300 logs, 300A summaries, and 301 incident reports for the current and previous three calendar years to identify recorded injuries and illnesses associated with the hazards addressed by this NEP. Officers will be on the lookout for common safety and health hazards, including, but not limited to:
- Powered industrial vehicle operations,
- Materials handling and storage,
- Walking-working surfaces,
- Means of egress,
- Fire protection,
- Heat, and
- Ergonomics.
Unlike the prior NEP, the new one removes the requirement for officers to perform a dedicated heat and ergonomic hazard screening. This is not to say they won’t decide to assess those two hazards.
The latest NEP explains that an inspection “may be expanded” based on fatalities/catastrophes, complaints, referrals, recorded injuries/illnesses, employee statements, or “plain view” observations. Hazards found in this way may provide a basis for expanding the inspection. The NEP offers OSHA officers greater discretion in whether or not to expand an inspection.
What about state-plan states?
“State Plans” are OSHA-approved workplace safety and health programs operated by individual states or U.S. territories. OSHA strongly encourages, but does not require, state-plan states to participate in the revised NEP. If participating, a state’s emphasis program specifics and timelines may differ from the federal. States may also have more stringent regulations for the focus areas in the NEP.
What can employers do immediately?
Employers can check the following:
- What the NAICS codes for their locations are to see if they fall under the NEP. If employers have more than one location, they should determine the industry code for each location and not assume that a corporate-wide industry classification is the one OSHA will use.
- Whether their locations are exempted from programmed safety inspections per CPL 02-00-170. Not all OSHA inspections are exempt under that CPL — the agency may conduct inspections for health hazards, complaints, referrals, fatalities, catastrophes, hospitalizations, imminent danger, and discrimination.
- Whether the state-plan state has implemented the NEP as written or with modifications.
- The dates and scope of any OSHA or state inspections at their locations in the last three years. Records of such inspections should be kept readily available in case of an OSHA visit.
How might employers prepare?
Affected employers should learn their inspection rights and have a protocol in place. OSHA’s publication, "Employer Rights and Responsibilities Following an OSHA Inspection" (OSHA 3000), may be helpful.
Employers may wish to also prioritize their compliance efforts on the core hazards and regulations mentioned in the NEP. This includes heat and ergonomics hazards in line with OSHA guidance, along with 29 CFR 1904 and five subparts of 29 CFR 1910:
| 29 CFR: | Description: | Covered industries had these frequent violations in fiscal year 2025: |
| 1904 | Recording and reporting occupational injuries and illnesses | 1904.4, .7, .29, .32, .33, .35, .39, .40, and .41 |
| 1910 Subpart D | Walking-working surfaces | 1910.22, .23, .25, .28, .29, and .30 |
| 1910 Subpart E | Exit routes and emergency planning | 1910.36, .37, and .38 |
| 1910 Subpart I | Personal protective equipment | 1910.132, .133, .134, .136, .138, .140, and .141 |
| 1910 Subpart L | Fire protection | 1910.157, .159, and .165 |
| 1910 Subpart N | Materials handling and storage | 1910.176, .178, .179, .180, and .184 |
Other frequently cited standards for the covered industries are worth mentioning because they may also draw officers’ attention. For fiscal year 2025, these included 29 CFR 1903.19 and 1910.101, .106, .110, .119, .120, .145, .146, .147, .151, .212, .213, .215, .219, .242, .253, .269, .272, .303, .304, .305, .333, .334, .335, .1000, .1001, .1025, .1026, .1030, and .1200. Find frequently cited standards for an industry NAICS code by visiting www.osha.gov/ords/imis/citedstandard.html.
After reviewing injury and illness records, an officer may be prompted to look into underlying compliance issues tied to those incidents. Employers should ensure these issues are corrected. This includes not just fixing the work environment but also conducting any required training and inspections and developing and implementing required written safety plans.
Key to remember
Establishments classified under one of seven NAICS codes are subject to possible inspection under OSHA’s revised warehousing NEP, which runs for five years. Eight compliance areas (including injury and illness recordkeeping) will be the emphasis. Inspections will be wall-to-wall.
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2026-08-17T05:00:00Z
NewsIndustry NewsAssociate Benefits & CompensationAssociate RelationsHR Generalist401(k) Plans/Defined Contribution PlansRetirement BenefitsIn-Depth ArticleRetirement BenefitsHR ManagementEnglishFocus AreaHuman ResourcesUSA
Employees want help with retirement savings, starting with their 401(k) plans
Fall isn’t just the time for football. It’s also the perfect time to focus on financial wellness programs. Many companies are beginning their open enrollment periods, which is a great opportunity to engage employees in conversations about company benefits and retirement savings.
Two key financial dates coming up that open the door for this conversation include:
- September 11: National 401(k) Day. Originating in 1996, this day is celebrated on the Friday after Labor Day to highlight the savings path from work to retirement. It’s meant to call attention to the steps employees should take when saving for retirement, such as investing a portion of wages in a 401(k) plan.
- October 12: National Savings Day. Many employees are struggling financially. Employers can help educate their workforce and share ideas on how to save, budget, and reduce debt; all key elements of financial resilience.
Recent research from J.P. Morgan Asset Management shows that 401(k) participants want more help and a simpler process when making retirement plan decisions.
In its 2026 Defined Contribution Plan Participant Survey, 73 percent of respondents said employers should make retirement planning easier, up from 55 percent a decade ago. The findings suggest that employees, particularly younger workers, are looking for more guidance, tools, and support to help them prepare for retirement.
Among the key findings, many employees said they feel unprepared when it comes to saving for retirement. More than half of the participants reported being unsure about how much money they will need to retire comfortably.
The survey also indicates that:
- 59 percent of employees believe they’re not contributing enough, and
- 63 percent of retirees wish they had saved more during their working years.
The survey also reported that nearly half of participants who borrow from their retirement accounts do so to cover unexpected expenses or credit card debt, and those without emergency savings are significantly more likely to take loans or withdrawals. Generational differences were notable as well, with 86 percent of Gen Z respondents saying employers have some responsibility to help them save for retirement, compared to 61 percent of Baby Boomers.
How can employers help?
Employers should offer year-round support that helps employees navigate their finances. This can include educating employees about financial matters like:
- Reducing debt,
- Budgeting,
- Saving, and
- Maximizing all of their benefits.
Having a better understanding about their finances can help employees gain a sense of control and, thus, reduce anxiety and stress over money worries.
Key to remember: Employers that help employees maximize their 401(k) plans and expand their financial wellness knowledge demonstrate their commitment to helping workers save for retirement, which helps alleviate financial worries.
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2026-08-14T05:00:00Z
NewsIndustry NewsHazmat SafetyExpert InsightsFocus AreaShipping papers - HazmatShipping papers - HazmatEnglishTransportationUSA
Expert Insights: Hazmat communication matters
One thing I've learned over the years working with hazmat is that communication is everything. Whether you're a shipper, driver, inspector, warehouse employee, or emergency responder, everyone involved in the transportation process depends on accurate information to do their job safely and effectively.
When people think about communication, they usually think of conversations, emails, or training sessions. However, in the hazmat world, some of the most important communication happens without a single word being spoken. Markings, labels, placards, and shipping papers all serve as critical sources of information. They tell people what's inside a package, what hazards may be present, how the material should be handled, and what actions to take if an incident occurs.
Think about how quickly important information can be communicated through a placard. Before a trailer door is opened or shipping papers are reviewed, a placard can immediately alert someone that a load contains hazardous materials and may require special precautions. A hazard label can warn employees about corrosive or flammable contents. A UN number can help emergency responders identify a material and access the information they need during an emergency. These aren't just regulatory requirements. They're tools designed to protect people, property, and the environment.
Unfortunately, the opposite is also true. Missing, damaged, or incorrect hazard communication can create confusion at the wrong moment. A mislabeled package can slow down a response, increase risk, and lead to costly compliance violations. More importantly, it can put workers, responders, and the public in harm's way. I've seen many enforcement cases over the years where the underlying issue wasn't a lack of regulations. It was a breakdown in communication.
That's why it's important to view hazard communication as more than a box to check. Every marking, label, placard, and shipping description serves a purpose. Together, they create a consistent message that follows a shipment throughout its journey, providing the information people need to make safe decisions along the way.
So, whether you're preparing a shipment, conducting training, or reviewing your company's procedures, take a moment to consider the message you're sending. Are your hazard communications accurate, complete, and easy to understand? Because when it comes to hazmat, the right message at the right time can make all the difference.
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.