Anne Willis Chapman, Esq.
Labor and Employment, Business Litigation

Employment law is an area of law that is subject to constant changes and refinements in response to workplace issues and trends. Below are some of the recent developments that employers should be mindful of when addressing workplace issues. 

NON-COMPETE PROVISIONS: The most talked-about recent development is the Federal Trade Commission (FTC)’s proposed rulemaking banning employers from enforcing non-compete provisions for employees and independent contractors. The FTC’s position is based on the fact that it considers such provisions to constitute an unfair method of competition, and therefore, violate the Federal Trade Commission Act. 

Since the January 2023 announcement, the FTC’s proposed rule has been the subject of much discussion and speculation. Consistent with federal law, the proposed rule is subject to public comment prior to finalization. 

As evidence of the interest in this topic, the comment period was extended until April 19, 2023. After consideration of the public comment, a final rule will be announced which will become effective 180 days from its issuance. To the extent a final rule is similar to the current proposed version, legal challenges likely will be raised to the final rule which may delay 

its enforceability. 

Regardless, the proposed rule is one of several developments that demonstrate that politicians and governmental agencies are increasingly scrutinizing non-competition provisions in an attempt to reduce perceived unfair enforcement of these restrictions. Accordingly, employers seeking to utilize such provisions should be mindful of these developments. 

NURSING MOTHERS: The PUMP for Nursing Mothers Act was signed into law in December 2022, and its provisions become enforceable on April 28, 2023. This Act fills the gap to expand the right to have break time and a private (non-bathroom) space to pump milk to more nursing mothers. 

An earlier amendment to the Fair Labor Standards Act provided this right to certain employees, but the PUMP Act expands the protection to mothers not previously protected including those employed as teachers, nurses, managers and other categories 

of workers. 

PREGNANT WORKERS: Likewise, the Pregnant Workers Fairness Act (PWFA) goes into effect on June 27, 2023, and provides for expanded protection of pregnant workers. 

While currently federal law prohibits discrimination against pregnant workers and the American with Disabilities Act provides for reasonable accommodation of workers with disabilities, pregnant workers are not entitled to a reasonable accommodation absent a disability.  A reasonable accommodation under the ADA is a modification or adjustment to a job or the work environment. 

This law creates a legal right to pregnant workers to request a reasonable accommodation for “the known limitations related to pregnancy, childbirth and related medical conditions.” Like the ADA, an employer is not required to provide accommodation if it would cause an undue hardship. The law directs the EEOC to issue regulations meant to assist with carrying out the provisions. 

These are just some of the recent developments that employers should be mindful of. If you have any questions, feel free to reach out to our Employment Law Principal Anne Willis Chapman at or 941-748-0100.