skip to Main Content
KPA Logo

Workplace Compliance News & Resources

Get the latest safety and workplace compliance news and resources from the federal, state, and local government levels. Below you’ll find late-breaking news, an interactive state map, the latest federal news, and minimum wage changes.

We try to keep it easy to understand and give you some general considerations on what to do, but we always recommend that businesses seek legal counsel for further advice and guidance on your particular situation.

Wherever available, KPA products are updated with the latest government notices and posters for employers.

Breaking News

Check back later!

Latest Federal Workplace Compliance News

Effective April 28, 2023: New Federal Protections for Pregnant and Nursing Employees

Who: All employers

When: Effective April 28, 2023

The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) was signed into law on December 29, 2022, and becomes effective April 28, 2023. It requires employers to provide reasonable break times to express milk for one year after the child’s birth. The employer must provide a place other than a bathroom that is shielded from view and free from intrusion by coworkers and the public. Break time may be unpaid except where otherwise required by federal, state, or local law, or in cases where the employee is not fully relieved of job responsibilities.

Employers with less than 50 employees may apply for an exemption if they have proof that accommodation would cause them undue hardship.

Employees may file a complaint against an employer for violating the law, but they must notify the employer of the violation and give them up to 10 days to comply before filing suit.

The law covers exempt and non-exempt employees. Air carrier employees are not covered by the PUMP Act. There are some exceptions and delayed effective dates for employees in the railway industry and motorcoach services operators.


  • Train HR personnel, managers, and supervisors on the provisions of the law.
  • Review your policies to ensure compliance with the law.

Additional Resources:

S.1658 – PUMP for Nursing Mothers Act

H.R.3110 – PUMP for Nursing Mothers Act

The Providing Urgent Maternal Protections (PUMP) For Nursing Mothers Act

Effective Immediately: DOL Issues Guidance on FMLA/FSLA for Remote Employees

Who: All employers

When: Effective immediately

The U.S. Department of Labor (DOL) Wage and Hour Division released Field Assistance Bulletin 2023-1 on February 9, 2023. It explains how employers can:

  • Pay teleworkers properly under the Fair Labor Standards Act (FLSA);
  • Under the Fair Labor Standards Act (FLSA), provide reasonable break time for nursing employees to express milk while teleworking; and
  • Properly apply eligibility rules under the Family and Medical Leave Act (FMLA) to teleworking employees.

The guidance states that rest breaks of 20 minutes or less are considered compensable time under the FLSA, whether the employee is working remotely or in the office. Off-duty periods of more than 20 minutes are not compensable times. To be considered a true break, the employee must be completely relieved of duty during that time. Otherwise, the time must be considered compensable.

Under the FLSA, employers must allow an employee a reasonable break time to express breast milk while working from home. An employee that expresses milk at home must be free from observation by a work-related computer camera, security camera, or web conferencing while expressing breast milk. Lactation breaks are compensable only if that employer provides compensated breaks to all employees as a matter of course. If an employee is expressing milk off-camera and completing other duties, such as attending a web conference, the employer must compensate that employee for that time.

Teleworking employees are eligible for FMLA leave on the same basis as employees at the worksite. Therefore, a remote employee is considered eligible for the leave when the employer has 50 or more employees employed within 75 miles of the worksite AND the employee has worked 1,250 hours in the previous 12 months. For this purpose, the worksite is not the employee’s home or other remote location; rather, it’s the worksite they report to or from which their assignments are made.  Accordingly, an employee is FMLA eligible as long as 50 or more employees are employed within 75 miles of the location to which they report or from which their assignments are made, including telework employees who report to that worksite.

The DOL also released Opinion Letter FMLA2023-1-A, which explains that an eligible employee with a serious health condition that requires them to work limited hours may use FMLA leave to work “a reduced number of hours per day (or week) for an indefinite period of time” until such time the employee exhausts their FMLA leave entitlement. If they do not exhaust their leave, they can work the reduced schedule indefinitely. Voluntary overtime hours not worked may not be counted against the employee’s FMLA entitlement.


  • Review all federal, state, and local laws regarding paid and unpaid leave, compensable break times, and lactation accommodation. Update your policies as needed to comply with all applicable laws and the new guidance.

Additional Resources:

Field Assistance Bulletin No. 2023-1

Opinion Letter FMLA2023-1-A

Effective Immediately: Federal Court Blocks California Ban on Mandatory Arbitration Agreements

Who: California employers

When: Effective immediately

On February 15, 2023, the 9th U.S. Circuit Court of Appeals blocked California AB 51, which bans the use of mandatory arbitration agreements with employees and applicants. In its opinion on the U.S. Chamber of Commerce v. Bonta case, the court said AB 51 is preempted by the Federal Arbitration Act.

For now, California employers can require new hires to sign arbitration agreements as a condition of employment, including clauses related to claims for unpaid wages and discrimination, and causes of action under the Labor Code and the Fair Employment and Housing Act. However, the State of California can still appeal this decision.


  • Consult with legal counsel to review your arbitration agreements and ensure compliance with the law.
  • Continue to monitor for possible legal appeals.

Additional Resources:

Federal Arbitration Act

U.S. Chamber of Commerce v. Bonta

Assembly Bill No. 51

Effective Immediately: EEOC Updates Guidance on ADA Requirements for Workers with Hearing Disabilities

Who: All employers

When: Effective immediately

On January 24, 2023, the Equal Employment Opportunity Commission (EEOC) released updated guidance that explains how the Americans with Disabilities Act (ADA) impacts applicants and employees with hearing disabilities, including:

  • Easy-to-access technologies that help accommodate those with hearing disabilities;
  • Workplace safety;
  • Disability-related questions that can violate the Americans with Disabilities Act (ADA); and
  • Examples of workplace discrimination.

The document helps educate employers about their responsibilities and employees about their rights.


  • Review your hiring and accommodation practices and policies to ensure compliance with the guidance.

Additional Resources:

Hearing Disabilities in the Workplace and the Americans with Disabilities Act

EEOC Disability-Related Resources

Office of Disability Employment Policy – Accommodations

Job Accommodation Network

Effective Immediately: NLRB Rules Against Broad Confidentiality and Nondisparagement Provisions

Who: All employers

When: Effective immediately

February 21, 2023, the National Labor Relations Board (NLRB) issued a decision in McLaren Macomb. In the case, an employer offered severance agreements to furloughed employees that contained confidentiality and nondisparagement provisions as follows:

Confidentiality Agreement. The Employee acknowledges that the terms of this Agreement are confidential and agrees not to disclose them to any third person, other than spouse, or as necessary to professional advisors for the purposes of obtaining legal counsel or tax advice, or unless legally compelled to do so by a court or administrative agency of competent jurisdiction.

Non-Disclosure. At all times hereafter, the Employee promises and agrees not to disclose information, knowledge or materials of a confidential, privileged, or proprietary nature of which the Employee has or had knowledge of, or involvement with, by reason of the Employee’s employment. At all times hereafter, the Employee agrees not to make statements to Employer’s employees or to the general public which could disparage or harm the image of Employer, its parent and affiliated entities and their officers, directors, employees, agents and representatives.

The NLRB held that employers may not offer severance agreements with broad confidentiality or nondisparagement clauses to union and non-union employees who are not supervisors, managers, or otherwise exempt from the NLRA. The NLRB found that the mere offer of severance agreements to employees containing these provisions violated the NLRA, regardless of whether the employees agreed to sign the agreements.


  • Review your separation agreements and seek legal counsel to ensure compliance with the law.

Additional Resources:

McLaren Macomb

H-1B Registration Period Closes March 17, 2023

Who: Employers with new prospective H-1B–status employees

When: Register by noon on March 17, 2023

The U.S. Citizenship and Immigration Services (USCIS) announced that the registration period for the fiscal year 2024 H-1B lottery opens on March 1, 2023, and the deadline is noon on March 17, 2023. Unless an exception applies, employers must complete their registrations for brand-new prospective H-1B employees on the USCIS online H-1B registration system, myUSCIS. Employers do not need to register foreign workers already in H-1B status.

H-1B employees are temporary workers from a foreign country who have highly specialized knowledge in certain occupations, and a bachelor’s degree or higher in that specific specialty. There are 65,000 H-1B visas available for those workers with a bachelor’s degree and 20,000 H-1B visas available for those workers with a U.S.-based master’s degree. Because registrations typically vastly outnumber the number of available visas, the USCIS established a lottery system.

The USCIS will notify myUSCIS account holders of the status of their registrations by March 31, 2023. Employers then have 90 days to file H-1B petitions for selected registrations for a visa start date of October 1, 2023.


  • Register for H-1B visas by noon on March 17, 2023.

Additional Resources:

H-1B Electronic Registration Process

USCIS Releases New Green Card Design

Who: All employers

When: Effective immediately

The U.S. Citizenship and Immigration Services (USCIS) announced that it will issue redesigned Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents beginning January 30, 2023. The agency stated that the new designs contain state-of-the-art technology that continues to safeguard national security. Current Permanent Resident Cards are valid until their expiration date.


  • Familiarize all hiring managers and HR personnel with the design changes so that you can accurately review and verify employment authorization.

Additional Resources:

12.1 List A Documents That Establish Identity and Employment Authorization

Redesigned Green Card 2023

2023 Minimum Wage Updates

KPA tracks state and local minimum wage changes for our Vera HR customers, providing them with updated labor posters and more.

Check out the latest minimum wage changes for 2023, typically updated in December and June to ensure you know about the majority of increases before taking effect on January 1 and July 1.

Resources for Success

OSHA Reporting Resource Hub

If regulatory paperwork makes your head spin, have no fear—the workforce safety and compliance professionals at KPA are here to help.

We’ve created this resource hub chock full of OSHA recordkeeping and reporting best practices to help keep your head on straight.

Back To Top Services: Compliance Services Services: Workplace Health and Safety Services Services: Environmental Risk Management Services About: Leadership Software: Online Training About: Who We Are Resources: Library Resources: Events and Webinars Resources: Blog YouTube Twitter LinkedIn