Highlights from Henderson Franklin's Latest Executive Forum

Posted on September 10, 2010 by Suzanne M. Boy

Last night, we hosted our latest Executive Forum here at Henderson Franklin's conference center.   An Executive Forum, for those of you who are not familiar, is a small gathering of human resources and other business professionals sponsored by our Employment Law Practice Group.  Attendees join us for cocktails, hors d'oeuvres, networking, and a presentation on varied topics of interest in the employment law world. 

About 25 professionals joined us last night for a presentation by Rob Teas of CIGNA on everyone's favorite hot-topic -- the Patient Protection and Affordable Care Act.  Rob shared a lot of great information, including several tips for employers as they tackle this massive legislation.  Among Rob's tips?  Employers should review coverage once "essential benefits" are defined; consider the benefits of self-funding, especially for small businesses; and assess the value of "Grandfathered" status on a plan-by-plan basis given the interim final regulations.

Also worth a special mention is the retirement of Goodwill Industries of Southwest Florida's HR Director, Becky Hayes-Foriest.  Becky retires at the end of 2010 after 31 years with Goodwill.  Becky, who is pictured below (center) with Steve Csotty of WilsonMiller and Charlotte King of Hope Hospice and Community Services, was recognized by John Potanovic and presented with a gorgeous gift basket from Norman Love Confections.  We wish Becky all the best in her retirement.

If you are interested in attending our next Executive Forum, which will be held sometime in early 2011, please let me know.  We would love to have you!

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FLSA Amended to Require Breaks for Nursing Mothers

Posted on April 1, 2010 by Suzanne M. Boy

As part of the recently enacted Patient Protection and Affordable Care Act ("PPACA"), the Fair Labor Standards Act has been amended to require breaks for nursing mothers.  Effective immediately, employers must now provide "reasonable" breaks for nursing mothers to breastfeed or express breast milk.  The amendment does not define "reasonable," nor does it specify the length or frequency of the required breaks.  The reasonable breaks, which must be provided for up to one year after the child's birth, can be unpaid breaks.

Additionally, employers must also provide a private place, other than a restroom, that is "shielded from view an free from intrusion from coworkers and the public." 

Many states already have laws related to nursing in the workplace.  Florida, however, is not one of them.  While Florida Statute 383.015 allows women to breastfeed in any public or private location, no law in Florida specifically required an employer to offer breaks for nursing mothers.

Expect the Department of Labor to issue guidance on this issue shortly.  Until then, employers must take care to design appropriate break policies to ensure compliance with this new FLSA requirement.

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