Attys Warn Of Wage And Hour Implications Without Roe

May 10, 2022

If the  U.S. Supreme Court  overturns Roe v. Wade, women without access to abortion in newly restrictive states may face working conditions less accommodating of the realities of new motherhood such as the need for lactation breaks or paid time off, attorneys said, noting that non-overtime-exempt workers will bear the brunt of lost wages.

The leaked draft of the U.S. Supreme Court opinion overturning Roe v. Wade, which enshrined a constitutional right to abortion access, has highlighted how many of the states that would seek to ban abortion also lack wage and hour protections to support new mothers. This situation highlights the urgency of building federal infrastructure to support working parents, but the outlook is “bleak,” said Menaka Fernando, a partner with worker-side firm  Outten & Golden LLP.