Pregnant Workers Fairness Act Now Effective | Modern Restaurant Management | The Business of Eating & Restaurant Management News

On June 27, 2023, the federal Pregnant Workers Fairness Act (“PWFA”) went into effect. The law requires employers with 15 or more workers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”

The PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions. These laws have been passed in approximately 30 jurisdictions.

Examples of reasonable accommodations cited by the Congressional Report on the law include the ability to sit or drink water; receive closer parking; have flexible hours; receive appropriately sized uniforms and safety apparel; receive additional break time to use the bathroom, eat, and rest; take leave or time off to recover from childbirth; and be excused from strenuous activities and/or activities that…

Pooja S. Nair

A partner at Ervin Cohen & Jessup LLP, Pooja S. Nair is a business litigator and problem solver with a focus on the food and beverage sector. She advises food and beverage clients, startups and other businesses on a comprehensive range of issues, including employment, trade secrets, partnership disputes, contract negotiations and intellectual property.

Nair focuses on finding creative, long-term solutions to the business problems affecting companies of all sizes, from startups to publicly traded entities. She combines litigation experience with a strategic perspective, so that legal decisions make sense on a business level.

Prior to joining ECJ, Nair practiced at TroyGould, where she was the head of the Food and Beverage practice group. She also spent five years at Foley & Lardner focused on white collar criminal defense and internal investigations.

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Pooja S. Nair