Maintaining employment law compliance requires a business to adapt quickly to changes on a federal and state level. A presidential change, especially involving a shift in political parties, is usually followed by many legislative proposals and repeals that will affect the labor and employment landscape. Add the uncertainty of an ongoing pandemic, and employers may wonder how prepared their organization is for impending developments.
Employers need to take a proactive approach to anticipated changes. Outsourcing your employment law compliance or supporting your HR team with an experienced employment law attorney is an effective strategy to stay ahead of new and revised regulations. Consult N. Stotler Law today to discuss the best tactics for your organization.
The current climate of labor employment law is shifting to stronger protections for workers and broader anti-discrimination policies. The President’s Executive Order can directly affect employers and can forecast what will trickle down to the business community. The following executive orders have been signed, and more are expected to follow in the near future:
The order instructs OSHA to revise employer guidance to protect workers from COVID-19. OSHA has launched a nationwide program that focuses on workers who are the most at risk and employers who retaliate against workers for complaints. Also, they will be using on-site workplace inspections instead of remote inspections.
Consistent with the Supreme Court’s decision regarding discrimination against the LGBTQ community, the order expands Title VII of the Civil Rights Act of 1964 to cover those discriminated against based on sexual orientation and gender identity. Federal agencies will be required to take affirmative steps to protect the rights of all LGBTQ+ persons.
This order will create a task force within the White House that encourages labor organizing.
The order will promote competition in the economy, focusing on the technology, pharmaceutical, aviation, and telecommunication industries. The order also supports the Federal Trade Commission to use its rulemaking authority to limit employers’ use of noncompete clauses.
Employers can also prepare their organization and labor force and for changes that are likely to happen in the next few years.
For example, the minimum wage has been a hot-button issue in recent years. While the current administration favors increasing the wage to $15 per hour as a livable minimum wage, many are opposed. A likely scenario is an incremental increase over a specified amount of time.
Several states have already begun to “enact phase-ins of a $15 minimum wage,” including:
In Pennsylvania, Gov. Tom Wolf continues to fight for a wage increase to $15 by 2027.
Another anticipated change could be expanded EEOC reporting requirements geared toward improving pay equality. The Paycheck Fairness Act, which passed the House on April 15th of this year, would:
Paid leave provisions are almost a near certainty over the next several years.
Employment law has always changed rapidly. Employment and labor laws will likely be significantly impacted in response to notable events over the last two years. N. Stotler Law has extensive experience in a wide range of labor and employment law concerns. When you need to ensure your organization is prepared for impending changes, call Attorney Neva Stotler.
Our Pittsburgh employment law attorney can discuss strategies for success, including: